Chapter 649 Oregon Laws 2005

AN ACT

HB 2107

Relating to driving privileges; creating new provisions; amending ORS 153.090, 801.303, 801.477, 807.031, 807.035, 807.036, 807.040, 807.045, 807.070, 807.072, 807.080, 807.280, 807.370, 809.400, 809.413, 809.460, 810.375, 811.182, 813.130, 813.215, 813.404 and 813.410; and declaring an emergency.

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

SCHOOL BUS ENDORSEMENT

SECTION 1. ORS 807.035 is amended to read:

807.035. This section describes the type of driving privileges granted by various endorsements issued by this state. The following endorsements grant the driving privileges described:

(1) A motorcycle endorsement authorizes a person to operate any motorcycle.

(2) A hazardous materials endorsement authorizes a person to operate a vehicle transporting hazardous materials.

(3) A tank vehicle endorsement authorizes a person to operate tank vehicles.

(4) A passenger endorsement authorizes a person to operate [vehicles] a vehicle that is designed to transport 16 or more persons, including the driver, but that is not a school bus.

(5) A school bus endorsement authorizes a person to operate a school bus if the person also holds a valid passenger endorsement.

[(5)] (6) A trailer endorsement authorizes a person to operate double and triple trailers.

[(6)] (7) A combined endorsement authorizes a person to operate a tank vehicle, transport hazardous materials and transport hazardous materials in a tank vehicle.

[(7)] (8) A Class A farm endorsement authorizes a person to:

(a) Operate or tow any vehicle that can be operated by the holder of a Class A commercial driver license if the vehicle is:

(A) Controlled or operated by a farmer;

(B) Used to transport agricultural products, farm machinery or farm supplies to or from a farm;

(C) Not used in the operation of a common or contract motor carrier; and

(D) Used within 150 miles of the farmer’s farm.

(b) Operate any vehicle described in paragraph (a) of this subsection that is transporting hazardous materials if the vehicle is placarded in accordance with law.

[(8)] (9) A Class B farm endorsement authorizes a person to:

(a) Operate or tow any vehicle that can be operated or towed by the holder of a Class B commercial driver license if the vehicle is:

(A) Controlled or operated by a farmer;

(B) Used to transport agricultural products, farm machinery or farm supplies to or from a farm;

(C) Not used in the operation of a common or contract motor carrier; and

(D) Used within 150 miles of the farmer’s farm.

(b) Operate any vehicle described in paragraph (a) of this subsection that is transporting hazardous materials if the vehicle is placarded in accordance with law.

SECTION 2. The amendments to ORS 807.035 by section 1 of this 2005 Act apply to persons operating a school bus on or after October 1, 2005.

SECTION 3. ORS 807.031 is amended to read:

807.031. This section describes the type of driving privileges granted by the various licenses issued by this state. Licenses are established by class with the highest class being Class A commercial. Each class of license grants driving privileges for that class and for all lower classes. [No] A license [grants] does not grant driving privileges for which an endorsement is required. The following licenses grant the driving privileges described:

(1) A Class A commercial driver license authorizes a person to operate any vehicle or combination of vehicles except that the person may not operate any vehicle for which an endorsement is required unless the person obtains the endorsement.

(2) A Class B commercial driver license authorizes a person to operate any single vehicle and to tow a vehicle that is not in excess of 10,000 pounds gross vehicle weight rating. The person may not operate any vehicle for which an endorsement is required unless the person obtains the endorsement.

(3) A Class C commercial driver license authorizes a person to operate:

(a) Any vehicle that is designed to transport 16 or more persons, including the driver, if the gross vehicle weight rating of the vehicle is less than 26,001 pounds and the person has [a passenger endorsement] the proper endorsement to operate a vehicle described in this paragraph;

(b) Any vehicle that is owned or leased by, or operated under contract with, a mass transit district or a transportation district when the vehicle is actually being used to transport passengers for hire, regardless of the number of passengers, if the gross vehicle weight rating of the vehicle is less than 26,001 pounds and the person has a passenger endorsement;

(c) Any vehicle that is used in the transportation of hazardous materials if the gross vehicle weight rating of the vehicle is less than 26,001 pounds and the person has the proper endorsement; and

(d) Any vehicle that may be operated by the holder of a Class C license.

(4) A Class C driver license authorizes a person to operate any vehicle for which a commercial driver license is not required except that the person may not operate any vehicle for which an endorsement is required unless the person obtains the endorsement.

(5) A restricted Class C license authorizes a person to operate a moped or to operate under one of the permits described in ORS 807.200 as constituting a restricted Class C license. The person may not operate any vehicle for which an endorsement is required or be granted any endorsements for the license.

SECTION 4. ORS 807.036 is amended to read:

807.036. Notwithstanding any other provision of law, the operator of a tow vehicle is not required to have an endorsement for towing a disabled vehicle that can be operated only by a person with an endorsement if the towing operation is the first move of the disabled vehicle and is performed as an emergency service or if [it] the move is a subsequent move of an empty vehicle that requires a passenger endorsement or a school bus endorsement for operation.

SECTION 5. ORS 807.070 is amended to read:

807.070. The Department of Transportation shall administer an examination to establish qualification for each class of license and endorsement. The examination for each class of license or endorsement shall include all of the following as described:

(1) A test of the applicant’s eyesight. This subsection does not apply to an applicant with a limited vision condition as defined in section 2, chapter 277, Oregon Laws 2003.

(2) A test of the applicant’s knowledge and understanding of the traffic laws of this state, safe driving practices and factors that cause accidents. The following all apply to the test under this subsection:

(a) The test shall not cover any subject that is not presented in the publications of the department intended for the instruction of applicants for licenses and driver permits.

(b) The test for each class of license and endorsement shall include, but is not limited to, a test of knowledge and understanding of traffic laws that relate specifically to the type of driving privileges granted under the specific class of license or endorsement sought.

(c) The test under this subsection shall include, but is not limited to, the following subjects:

(A) Rights of blind pedestrians.

(B) The meaning of official traffic signs and signals.

(C) Proper operating procedure in emergency situations.

(D) Vehicle safety equipment and its use.

(E) Practices necessary for safe operation of a vehicle around pedestrians and bicyclists.

(d) The department may waive the test under circumstances described in ORS 807.072.

(3) A test that is an actual demonstration of the applicant’s ability to operate a motor vehicle without endangering the safety of persons or property. The following apply to this subsection:

(a) The actual demonstration for each class of license shall be performed in a vehicle that may be operated under the class of license sought, but that may not be operated under lower classes of license.

(b) An actual demonstration for a passenger endorsement shall be performed in a vehicle that is designed to transport 16 or more persons, including the driver.

(c) An actual demonstration for a school bus endorsement shall be performed in a school bus.

[(c)] (d) The department may waive the demonstration under circumstances described in ORS 807.072.

(4) Any other examination or test, including demonstrations, that the department determines may be necessary to assist the department in establishing whether the applicant is eligible for a license under ORS 807.060 or whether the applicant is fit to operate a motor vehicle safely on the highways of this state. In any examination or test under this subsection, the department shall only conduct an investigation for facts relating directly to the ability of the applicant to operate a motor vehicle safely or other facts that are specifically required to show the fitness of the applicant for license.

SECTION 6. ORS 807.070, as amended by section 10, chapter 277, Oregon Laws 2003, is amended to read:

807.070. The Department of Transportation shall administer an examination to establish qualification for each class of license and endorsement. The examination for each class of license or endorsement shall include all of the following as described:

(1) A test of the applicant’s eyesight.

(2) A test of the applicant’s knowledge and understanding of the traffic laws of this state, safe driving practices and factors that cause accidents. The following all apply to the test under this subsection:

(a) The test shall not cover any subject that is not presented in the publications of the department intended for the instruction of applicants for licenses and driver permits.

(b) The test for each class of license and endorsement shall include, but is not limited to, a test of knowledge and understanding of traffic laws that relate specifically to the type of driving privileges granted under the specific class of license or endorsement sought.

(c) The test under this subsection shall include, but is not limited to, the following subjects:

(A) Rights of blind pedestrians.

(B) The meaning of official traffic signs and signals.

(C) Proper operating procedure in emergency situations.

(D) Vehicle safety equipment and its use.

(E) Practices necessary for safe operation of a vehicle around pedestrians and bicyclists.

(d) The department may waive the test under circumstances described in ORS 807.072.

(3) A test that is an actual demonstration of the applicant’s ability to operate a motor vehicle without endangering the safety of persons or property. The following apply to this subsection:

(a) The actual demonstration for each class of license shall be performed in a vehicle that may be operated under the class of license sought, but that may not be operated under lower classes of license.

(b) An actual demonstration for a passenger endorsement shall be performed in a vehicle that is designed to transport 16 or more persons, including the driver.

(c) An actual demonstration for a school bus endorsement shall be performed in a school bus.

[(c)] (d) The department may waive the demonstration under circumstances described in ORS 807.072.

(4) Any other examination or test, including demonstrations, that the department determines may be necessary to assist the department in establishing whether the applicant is eligible for a license under ORS 807.060 or whether the applicant is fit to operate a motor vehicle safely on the highways of this state. In any examination or test under this subsection, the department shall only conduct an investigation for facts relating directly to the ability of the applicant to operate a motor vehicle safely or other facts that are specifically required to show the fitness of the applicant for license.

SECTION 7. ORS 807.072 is amended to read:

807.072. (1) The Department of Transportation, by rule, may waive any examination, test or demonstration required under ORS 807.065 (1)(b) or 807.070 (2) or (3) if the department receives satisfactory proof that the person required to take the examination, test or demonstration has passed an examination, test or demonstration approved by the department that:

(a) Is given in conjunction with a traffic safety education course certified by the department under ORS 802.345;

(b) Is given in conjunction with a motorcycle rider education course established under ORS 802.320;

(c) Is given in conjunction with a course conducted by a commercial driver training school certified by the department under ORS 822.515; or

(d) Is given in conjunction with an application for a special limited vision condition learner’s permit under section 3, chapter 277, Oregon Laws 2003.

(2) The department, by rule, may waive the actual demonstration required under ORS 807.070 (3) for [an applicant] a person who is applying for a commercial driver license or a Class C license if the [applicant] person holds a valid out-of-state license or applies for an Oregon license within one year of the expiration of a valid out-of-state license. A demonstration may be waived under this subsection only if the person has applied for the same driving privileges as those granted under the person’s out-of-state license or for privileges granted by a lower class of license.

(3) The department may waive the actual demonstration required under ORS 807.070 for [any applicant] a person who is applying for a commercial driver license or for an endorsement related to a commercial driver license if the person [who] submits to the department a certificate of competency[,] issued under ORS 807.080 for the class of license or for the endorsement sought or under other circumstances, established by the department by rule, [if the applicant establishes the applicant’s] that establish the person’s ability to drive without an actual demonstration.

(4) The department may issue a Class A farm endorsement without requiring additional tests to a person who has a Class C driver license if a farm employer or a self-employed farmer certifies to the department that the person is experienced in driving a vehicle that may be driven only by persons who have a Class A commercial driver license and the person’s two-part driving record does not show either a traffic accident within two years of the date of application for the endorsement or a conviction for one of the following traffic crimes within five years of the date of application for the endorsement:

(a) Reckless driving, as defined in ORS 811.140.

(b) Driving while under the influence of intoxicants, as defined in ORS 813.010.

(c) Failure to perform the duties of a driver involved in an accident or collision, as described in ORS 811.700 or 811.705.

(d) Criminal driving while suspended or revoked, as defined in ORS 811.182.

(e) Fleeing or attempting to elude a police officer, as defined in ORS 811.540.

(5) The department may issue a Class B farm endorsement without requiring additional tests to a person who has a Class C driver license if a farm employer or a self-employed farmer certifies to the department that the person is experienced in driving a vehicle that may be driven only by persons who have a Class B commercial driver license and the person’s two-part driving record does not show either a conviction for a traffic crime specified in subsection (4) of this section within five years of the date of application for the endorsement or a traffic accident within two years of the date of application for the endorsement.

(6) The department by rule may establish other circumstances under which a farm endorsement may be issued without an actual demonstration. The authority granted by this subsection includes, but is not limited to, authority to adopt rules specifying circumstances under which the endorsement may be granted to a person despite the appearance of traffic accidents on the person’s record.

SECTION 8. ORS 807.072, as amended by section 11, chapter 277, Oregon Laws 2003, is amended to read:

807.072. (1) The Department of Transportation, by rule, may waive any examination, test or demonstration required under ORS 807.065 (1)(b) or 807.070 (2) or (3) if the department receives satisfactory proof that the person required to take the examination, test or demonstration has passed an examination, test or demonstration approved by the department that:

(a) Is given in conjunction with a traffic safety education course certified by the department under ORS 802.345;

(b) Is given in conjunction with a motorcycle rider education course established under ORS 802.320; or

(c) Is given in conjunction with a course conducted by a commercial driver training school certified by the department under ORS 822.515.

(2) The department, by rule, may waive the actual demonstration required under ORS 807.070 (3) for [an applicant] a person who is applying for a commercial driver license or a Class C license if the [applicant] person holds a valid out-of-state license or applies for an Oregon license within one year of the expiration of a valid out-of-state license. A demonstration may be waived under this subsection only if the person has applied for the same driving privileges as those granted under the person’s out-of-state license or for privileges granted by a lower class of license.

(3) The department may waive the actual demonstration required under ORS 807.070 for [any applicant] a person who is applying for a commercial driver license or for an endorsement related to a commercial driver license if the person [who] submits to the department a certificate of competency[,] issued under ORS 807.080 for the class of license or for the endorsement sought or under other circumstances, established by the department by rule, [if the applicant establishes the applicant’s] that establish the person’s ability to drive without an actual demonstration.

(4) The department may issue a Class A farm endorsement without requiring additional tests to a person who has a Class C driver license if a farm employer or a self-employed farmer certifies to the department that the person is experienced in driving a vehicle that may be driven only by persons who have a Class A commercial driver license and the person’s two-part driving record does not show either a traffic accident within two years of the date of application for the endorsement or a conviction for one of the following traffic crimes within five years of the date of application for the endorsement:

(a) Reckless driving, as defined in ORS 811.140.

(b) Driving while under the influence of intoxicants, as defined in ORS 813.010.

(c) Failure to perform the duties of a driver involved in an accident or collision, as described in ORS 811.700 or 811.705.

(d) Criminal driving while suspended or revoked, as defined in ORS 811.182.

(e) Fleeing or attempting to elude a police officer, as defined in ORS 811.540.

(5) The department may issue a Class B farm endorsement without requiring additional tests to a person who has a Class C driver license if a farm employer or a self-employed farmer certifies to the department that the person is experienced in driving a vehicle that may be driven only by persons who have a Class B commercial driver license and the person’s two-part driving record does not show either a conviction for a traffic crime specified in subsection (4) of this section within five years of the date of application for the endorsement or a traffic accident within two years of the date of application for the endorsement.

(6) The department by rule may establish other circumstances under which a farm endorsement may be issued without an actual demonstration. The authority granted by this subsection includes, but is not limited to, authority to adopt rules specifying circumstances under which the endorsement may be granted to a person despite the appearance of traffic accidents on the person’s record.

SECTION 9. ORS 807.080 is amended to read:

807.080. (1) The Department of Transportation, by rule, shall provide for the following in a manner consistent with this section:

(a) The issuance of driver competency testing certificates.

(b) The regulation of persons issued driver competency testing certificates.

(2) A person issued a driver competency testing certificate under this section may certify, in a manner established by the department, the competency of drivers to safely exercise driving privileges granted only under one or more of the following:

(a) A Class A commercial driver license.

(b) A Class B commercial driver license.

(c) A Class C commercial driver license.

(d) An endorsement related to a commercial driver license.

(3) The department may waive an actual demonstration of ability to operate a motor vehicle under ORS 807.070 for an applicant who is certified by the holder of a driver competency testing certificate as competent to exercise the driving privileges in the class of license or in the endorsement sought by the applicant.

(4) The rules adopted by the department under this section may [include any of the following:]

[(a) The rules may] establish reasonable fees for the issuance of a certificate or as part of any program of regulating certificate holders that is established by the department.

[(b)] (5) When adopting rules under this section, the department may:

(a) Make the certificate renewable upon any basis determined convenient by the department and may include provisions for cancellation, revocation or suspension of certificates or for probation of certificate holders.

[(c)] (b) [The department may] Provide for the issuance of certifications allowing the holder to certify competency in several classes or types of driving privileges or limiting the classes or types of driving privileges for which the holder may certify competency.

[(d)] (c) [The department may] Establish the forms of certificates to be issued.

[(e)] (d) [The department may] Establish and require forms that are to be used by certificate holders in certifying competency.

[(f)] (e) [The department may] Establish any qualifications or requirements for obtaining a certificate that the department determines necessary to protect the interests of persons seeking certification by certificate holders.

[(g)] (f) [The department may] Issue certificates to publicly owned and operated educational facilities to allow programs for certification of competency.

[(h)] (g) [The department may] Issue certificates to employers to allow the employers to establish programs primarily for the certification of employees’ competency. The department may provide that programs established under this paragraph may be operated without driver training school certificates under ORS 822.500 and without driver training instructor certificates under ORS 822.525.

[(i)] (h) [The department may] Establish any other provisions or requirements necessary to carry out the purposes of this section.

SECTION 10. ORS 807.370 is amended to read:

807.370. The following are the fees relating to the issuance and renewal of licenses, driver permits and endorsements:

(1) Disability golf cart driver permit fees under ORS 807.210, as follows:

(a) For issuance, $38.50.

(b) For renewal fee under ORS 807.210, $26.50.

(2) Emergency driver permit fee under ORS 807.220, $18.

(3) Instruction driver permit issuance fee under ORS 807.280, $18.

(4)(a) License issuance fee for a Class C license, $48.50.

(b) Fee to take the knowledge test for a Class C license, $5.

(c) Fee to take the skills test for a Class C license, $9.

(5) License issuance fee for a restricted Class C license, $48.50.

(6) License issuance fee for a commercial driver license, whether or not the license contains endorsements, $70.

(7) Test fees for a commercial driver license or permit:

(a) To take the knowledge test for a Class A commercial license or permit, $10.

(b) To take the skills test for a Class A commercial license, $70.

(c) To take the knowledge test for a Class B commercial license or permit, $10.

(d) To take the skills test for a Class B commercial license, $70.

(e) To take the knowledge test for a Class C commercial license or permit, $10.

(f) To take the skills test for a Class C commercial license, $70.

(8) Notwithstanding subsection (6) of this section, for issuance of a commercial driver license of any class when the Department of Transportation accepts a certificate of competency issued under ORS 807.080, $40 in addition to the fee under subsection (6) of this section.

(9) Notwithstanding subsection (6) of this section, for original issuance of a school bus endorsement to a person who has a commercial driver license with a passenger endorsement:

(a) $21; or

(b) $61 if the department accepts a certificate of competency issued under ORS 807.080.

[(9)] (10) For a farm endorsement, $26.

[(10)] (11) Test fees for the knowledge test for endorsements other than motorcycle and farm endorsements:

(a) For a hazardous materials endorsement, $10.

(b) For a tank vehicle endorsement, $10.

(c) For a passenger endorsement, $10.

(d) For a trailer endorsement, $10.

(e) For a school bus endorsement, $10.

[(11)] (12) Fee to take an airbrake knowledge test, $10.

[(12)] (13) Fee to take an airbrake skills test to remove an airbrake restriction, $56.

[(13)] (14) License renewal fee for a commercial driver license, $50.

[(14)] (15) License renewal fee for a Class C license, $28.50.

[(15)] (16) License replacement fee under ORS 807.160, $21.

[(16)] (17) Original endorsement issuance fee under ORS 807.170 for a motorcycle endorsement, $46, in addition to any fees for the endorsed license.

[(17)] (18) Permit replacement fee under ORS 807.220, 807.230, 807.280 and 807.290, $21.

[(18)] (19) Special student driver permit fee under ORS 807.230, $18.

[(19)] (20) Student Driver Training Fund eligibility fee under ORS 807.040 and 807.150, $6.

[(20)] (21) Motorcycle Safety Subaccount fee as follows:

(a) Upon original issuance of motorcycle endorsements under ORS 807.170, $28.

(b) Upon renewal of a license with a motorcycle endorsement under ORS 807.170, $28.

[(21)] (22) Probationary driver permit application fee under ORS 807.270, $50.

[(22)] (23) Hardship driver permit application fee under ORS 807.240, $50.

[(23)] (24) Fee for reinstatement of revoked driving privileges under ORS 809.390, $75.

[(24)] (25) Fee for reinstatement of suspended driving privileges under ORS 809.380, $75.

[(25)] (26) Fee for reinstatement of right to apply for driving privileges after a delay under ORS 809.280 (10) (1997 Edition), the same as the fee for reinstatement of suspended driving privileges.

[(26) Fee for hazardous materials endorsement security check, $50.]

(27) Fee for a special limited vision condition learner’s permit under section 3, chapter 277, Oregon Laws 2003, $13.

SECTION 11. ORS 807.370, as amended by section 13, chapter 277, Oregon Laws 2003, is amended to read:

807.370. The following are the fees relating to the issuance and renewal of licenses, driver permits and endorsements:

(1) Disability golf cart driver permit fees under ORS 807.210, as follows:

(a) For issuance, $38.50.

(b) For renewal fee under ORS 807.210, $26.50.

(2) Emergency driver permit fee under ORS 807.220, $18.

(3) Instruction driver permit issuance fee under ORS 807.280, $18.

(4)(a) License issuance fee for a Class C license, $48.50.

(b) Fee to take the knowledge test for a Class C license, $5.

(c) Fee to take the skills test for a Class C license, $9.

(5) License issuance fee for a restricted Class C license, $48.50.

(6) License issuance fee for a commercial driver license, whether or not the license contains endorsements, $70.

(7) Test fees for a commercial driver license or permit:

(a) To take the knowledge test for a Class A commercial license or permit, $10.

(b) To take the skills test for a Class A commercial license, $70.

(c) To take the knowledge test for a Class B commercial license or permit, $10.

(d) To take the skills test for a Class B commercial license, $70.

(e) To take the knowledge test for a Class C commercial license or permit, $10.

(f) To take the skills test for a Class C commercial license, $70.

(8) Notwithstanding subsection (6) of this section, for issuance of a commercial driver license of any class when the Department of Transportation accepts a certificate of competency issued under ORS 807.080, $40 in addition to the fee under subsection (6) of this section.

(9) Notwithstanding subsection (6) of this section, for original issuance of a school bus endorsement to a person who has a commercial driver license with a passenger endorsement:

(a) $21; or

(b) $61 if the department accepts a certificate of competency issued under ORS 807.080.

[(9)] (10) For a farm endorsement, $26.

[(10)] (11) Test fees for the knowledge test for endorsements other than motorcycle and farm endorsements:

(a) For a hazardous materials endorsement, $10.

(b) For a tank vehicle endorsement, $10.

(c) For a passenger endorsement, $10.

(d) For a trailer endorsement, $10.

(e) For a school bus endorsement, $10.

[(11)] (12) Fee to take an airbrake knowledge test, $10.

[(12)] (13) Fee to take an airbrake skills test to remove an airbrake restriction, $56.

[(13)] (14) License renewal fee for a commercial driver license, $50.

[(14)] (15) License renewal fee for a Class C license, $28.50.

[(15)] (16) License replacement fee under ORS 807.160, $21.

[(16)] (17) Original endorsement issuance fee under ORS 807.170 for a motorcycle endorsement, $46, in addition to any fees for the endorsed license.

[(17)] (18) Permit replacement fee under ORS 807.220, 807.230, 807.280 and 807.290, $21.

[(18)] (19) Special student driver permit fee under ORS 807.230, $18.

[(19)] (20) Student Driver Training Fund eligibility fee under ORS 807.040 and 807.150, $6.

[(20)] (21) Motorcycle Safety Subaccount fee as follows:

(a) Upon original issuance of motorcycle endorsements under ORS 807.170, $28.

(b) Upon renewal of a license with a motorcycle endorsement under ORS 807.170, $28.

[(21)] (22) Probationary driver permit application fee under ORS 807.270, $50.

[(22)] (23) Hardship driver permit application fee under ORS 807.240, $50.

[(23)] (24) Fee for reinstatement of revoked driving privileges under ORS 809.390, $75.

[(24)] (25) Fee for reinstatement of suspended driving privileges under ORS 809.380, $75.

[(25)] (26) Fee for reinstatement of right to apply for driving privileges after a delay under ORS 809.280 (10) (1997 Edition), the same as the fee for reinstatement of suspended driving privileges.

[(26) Fee for hazardous materials endorsement security check, $50.]

DISQUALIFICATION FROM HOLDING

A COMMERCIAL DRIVER LICENSE

SECTION 12. Section 13 of this 2005 Act is added to and made a part of the Oregon Vehicle Code.

SECTION 13. (1) The Department of Transportation shall suspend a person’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 person’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 person’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, the person may apply to the department for the right to apply for a commercial driver license or for reinstatement of the person’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 person’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.

SECTION 14. Section 13 of this 2005 Act 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 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.

SECTION 15. ORS 807.040 is amended to read:

807.040. (1) The Department of Transportation shall issue a driver license to any person who complies with all of the following requirements:

[(1)] (a) The person must complete an application for a license under ORS 807.050.

[(2)] (b) The person must not be ineligible for the license under ORS 807.060 and must be eligible for the license under ORS 807.062.

[(3)] (c) The person must successfully pass all examination requirements under ORS 807.070 for the class of license sought.

[(4)] (d) The appropriate license fee under ORS 807.370 for the class of license sought must be paid.

[(5)] (e) The Student Driver Training Fund eligibility fee must be paid.

[(6)] (f) If the application is for a commercial driver license, the [applicant] person must be the holder of a Class C license or any higher class of license.

[(7)] (g) If the application is for a commercial driver license, the [applicant] person must submit to the department, in a form approved by the department, the report of a medical examination that establishes, to the satisfaction of the department, that the [applicant] person meets the medical requirements for the particular class of license. The department, by rule, shall establish medical requirements for purposes of this [subsection] paragraph. The medical requirements established under this [subsection] paragraph may include any requirements the department determines are necessary for the safe operation of vehicles permitted to be operated under the class of license for which the requirements are established.

[(8)] (h) If the application is for a commercial driver license, the [applicant] person must:

(A) Have at least one year’s driving experience;

(B) Not be disqualified from holding a commercial driver license under section 13 of this 2005 Act; and

(C) Not be otherwise ineligible to hold a commercial driver license.

[(9)] (2) The department shall work with other agencies and organizations to attempt to improve the issuance system for driver licenses.

SECTION 16. ORS 807.045 is amended to read:

807.045. (1) In order to be authorized to drive a commercial motor vehicle in this state, a person who holds a commercial driver license issued by a jurisdiction other than Oregon must, within 30 days of becoming domiciled in Oregon:

(a) Apply to the Department of Transportation for an Oregon commercial driver license;

(b) Certify to the department that the [applicant’s] person’s current commercial driver license is not subject to any disqualification, suspension, revocation or cancellation and that the [applicant] person does not have a commercial driver license from more than one jurisdiction; and

(c) Surrender any commercial driver license issued to the [applicant] person by another jurisdiction.

(2) The department shall issue a commercial driver license to a person who complies with subsection (1) of this section if the department determines that the person is all of the following:

(a) Eligible for a commercial driver license. In order to determine eligibility under this [section] paragraph, the department may require from the [applicant] person any additional information that [it] the department determines necessary and may require the [applicant] person to pass any examinations, tests or demonstrations that the department determines necessary.

(b) Not disqualified from holding a commercial driver license under section 13 of this 2005 Act.

(c) Not otherwise ineligible for a commercial driver license.

(3) For purposes of this section, a person is domiciled in this state if the person meets the criteria described in ORS 803.355.

SECTION 17. ORS 809.460 is amended to read:

809.460. (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 809.413 or 813.403 or section 13 of this 2005 Act, the department shall not rescind suspension of the person’s commercial driver license because the person has taken an appeal, unless the conviction is reversed on appeal.

SECTION 18. ORS 810.375 is amended to read:

810.375. (1) The judge or clerk of every court of this state having jurisdiction of any traffic offense, including all local and municipal judicial officers in this state:

(a) Shall keep a full record of every case in which a person is charged with any such offense.

(b) Shall send the Department of Transportation an abstract of conviction for any person who is convicted.

(c) Shall send the department a copy of any final judgment of conviction of any person which results in mandatory suspension or revocation of driving privileges or commercial driver license under ORS 809.407, 809.409, 809.411, 809.413, 813.400 or 813.403 or section 13 of this 2005 Act.

(d) Shall send the department a copy of any final judgment finding a person charged with a traffic offense guilty except for insanity and committed to the jurisdiction of the Psychiatric Security Review Board.

(2) The department shall keep such records in its office, and they shall be open to the inspection of any person during reasonable business hours.

(3) To comply with this section, a judge or clerk must comply with the following:

(a) Any information required by this section to be sent to the department must be sent within the time provided under ORS 810.370 and must include information required by ORS 810.370.

(b) Information shall not be sent to the department under this section concerning convictions excluded from ORS 810.370.

SECTION 19. ORS 811.182 is amended to read:

811.182. (1) A person commits the offense of criminal driving while suspended or revoked if the person violates ORS 811.175 and the suspension or revocation is one described in this section, or if the hardship or probationary permit violated is based upon a suspension or revocation described in subsection (3) or (4) of this section.

(2) Affirmative defenses to the offense described in this section are established under ORS 811.180.

(3) The crime is a Class B felony if the suspension or revocation resulted from any degree of murder, manslaughter, criminally negligent homicide or assault resulting from the operation of a motor vehicle or if the revocation resulted from a conviction for felony driving while under the influence of intoxicants.

(4) The crime is a Class A misdemeanor if the suspension or revocation is any of the following:

(a) A suspension under ORS 809.411 (2) resulting from commission by the driver of any degree of recklessly endangering another person, menacing or criminal mischief, resulting from the operation of a motor vehicle.

(b) A revocation under ORS 809.409 (4) resulting from perjury or the making of a false affidavit to the Department of Transportation.

(c) A suspension under ORS 813.410 resulting from refusal to take a test prescribed in ORS 813.100 or for taking a breath or blood test the result of which discloses a blood alcohol content of:

(A) 0.08 percent or more by weight if the person was not driving a commercial motor vehicle;

(B) 0.04 percent or more by weight if the person was driving a commercial motor vehicle; or

(C) Any amount if the person was under 21 years of age.

(d) A suspension of a commercial driver license under ORS 809.413 [(2)] (1) resulting from failure to perform the duties of a driver under ORS 811.700 while driving a commercial motor vehicle.

(e) A suspension of a commercial driver license under ORS [809.400 (3)(b)] 809.413 (12) where the person’s commercial driving privileges have been suspended or revoked by the other jurisdiction for failure of or refusal to take a chemical test to determine the alcoholic content of the person’s blood under a statute that is substantially similar to ORS 813.100.

(f) A suspension of a commercial driver license under section 13 of this 2005 Act.

[(f)] (g) A revocation resulting from habitual offender status under ORS 809.640.

[(g)] (h) A suspension resulting from any crime punishable as a felony with proof of a material element involving the operation of a motor vehicle, other than a crime described in subsection (3) of this section.

[(h)] (i) A suspension for failure to perform the duties of a driver under ORS 811.705.

[(i)] (j) A suspension for reckless driving under ORS 811.140.

[(j)] (k) A suspension for fleeing or attempting to elude a police officer under ORS 811.540.

[(k)] (L) A suspension or revocation resulting from misdemeanor driving while under the influence of intoxicants under ORS 813.010.

[(L)] (m) A suspension for use of a commercial motor vehicle in the commission of a crime punishable as a felony.

(5) In addition to any other sentence that may be imposed, if a person is convicted of the offense described in this section and the underlying suspension resulted from driving while under the influence of intoxicants, the court shall impose a fine of at least $1,000 if it is the person’s first conviction for criminal driving while suspended or revoked and at least $2,000 if it is the person’s second or subsequent conviction.

(6) The Oregon Criminal Justice Commission shall classify a violation of this section that is a felony as crime category 6 of the rules of the Oregon Criminal Justice Commission.

SUSPENSION OF

COMMERCIAL DRIVER LICENSE

SECTION 20. ORS 809.413 is amended to read:

809.413. [(1) Upon receipt of a record of conviction of an offense described in this section, or upon notice of violation of an out-of-service order as provided in this section, the Department of Transportation shall suspend the commercial driver license of the person convicted of the offense or found to have violated the order. A person is entitled to administrative review under ORS 809.440 of a suspension under this section.]

[(2) The department shall take action under subsection (1) of this section upon receipt of a record of conviction under ORS 811.700 or 811.705 of failure to perform the duties of a driver while operating a commercial motor vehicle or upon receipt of any record of conviction of a crime punishable as a felony involving the operation of a commercial motor vehicle. A suspension under this subsection shall be for a period of time according to the following:]

[(a) If the person’s commercial driver license has not previously been suspended under this subsection or ORS 809.411 (2) or 813.403, and the person was not driving a commercial motor vehicle containing a hazardous material at the time the offense was committed, the suspension shall be for a period of one year.]

[(b) If the person’s commercial driver license has not previously been suspended under this subsection or ORS 809.411 (2) or 813.403 and the person was driving a commercial motor vehicle containing a hazardous material at the time the offense was committed, the suspension shall be for a period of three years.]

[(c) If the person’s commercial driver license has previously been suspended under this subsection or ORS 809.411 (2) or 813.403, the suspension shall be for the lifetime of the person.]

[(3) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of a crime punishable as a felony that involves the manufacturing, distributing or dispensing of a controlled substance and in which a commercial motor vehicle was used. A suspension under this subsection shall be for the lifetime of the person. As used in this subsection, “controlled substance” has the meaning given that term in ORS 475.005 (6).]

[(4) The department shall take action under subsection (1) of this section upon receipt of a record of a person’s second conviction of a serious traffic violation within a three-year period if the convictions arose out of separate incidents. A suspension under this subsection shall be for a period of 60 days.]

[(5) The department shall take action under subsection (1) of this section upon receipt of a record of a person’s third or subsequent conviction of a serious traffic violation within a three-year period if the convictions arose out of separate incidents. A suspension under this subsection shall be for a period of 120 days.]

[(6)(a) For purposes of this subsection and subsections (7), (8) and (9) of this section, “notice” includes, but is not necessarily limited to, a record of conviction and a record of a determination by a state or federal agency with jurisdiction to make such determinations that the person has violated an out-of-service order or notice.]

[(b) Except as otherwise provided in subsection (7) of this section, the department shall take action under subsection (1) of this section upon receipt of a first notice indicating that a person has violated an out-of-service order issued under ORS 813.050 or has knowingly violated any other out-of-service order or notice. A suspension under this subsection shall be for a period of 90 days.]

[(7) The department shall take action under subsection (1) of this section upon receipt of a first notice indicating that a person has violated an out-of-service order while transporting hazardous materials required to be placarded or while operating a motor vehicle designed to transport 16 or more persons, including the driver. A suspension under this subsection shall be for a period of one year.]

[(8) Except as otherwise provided in subsection (9) of this section, the department shall take action under subsection (1) of this section upon receipt of a second or subsequent notice within a 10-year period indicating that a person has violated an out-of-service order issued under ORS 813.050 or has knowingly violated any other out-of-service order or notice. A suspension under this subsection shall be for a period of three years.]

[(9) The department shall take action under subsection (1) of this section upon receipt of a second or subsequent notice within a 10-year period indicating that a person has violated an out-of-service order if the person was 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 first notice. A suspension under this subsection shall be for a period of five years.] 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 section 13 of this 2005 Act or had a commercial driver license suspended as described in section 13 of this 2005 Act; 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 section 13 of this 2005 Act or had a commercial driver license suspended as described in section 13 of this 2005 Act; 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 section 13 of this 2005 Act or had a commercial driver license suspended as described in section 13 of this 2005 Act.

(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 section 13 of this 2005 Act or had a commercial driver license suspended as described in section 13 of this 2005 Act; 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 section 13 of this 2005 Act or had a commercial driver license suspended as described in section 13 of this 2005 Act; 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 section 13 of this 2005 Act or had a commercial driver license suspended as described in section 13 of this 2005 Act.

(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 person’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 section 13 of this 2005 Act or had a commercial driver license suspended as described in section 13 of this 2005 Act; 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 section 13 of this 2005 Act or had a commercial driver license suspended as described in section 13 of this 2005 Act; 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 section 13 of this 2005 Act or had a commercial driver license suspended as described in section 13 of this 2005 Act.

(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 section 13 of this 2005 Act or had a commercial driver license suspended as described in section 13 of this 2005 Act; 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 section 13 of this 2005 Act or had a commercial driver license suspended as described in section 13 of this 2005 Act; 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 section 13 of this 2005 Act or had a commercial driver license suspended as described in section 13 of this 2005 Act.

(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 person’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 person’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 person’s first violation of an out-of-service order or notice.

(b) For a period of one year if the notification relates to the person’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 person’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 person’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 person’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 person’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.

SECTION 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 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).

SECTION 22. ORS 801.477 is amended to read:

801.477. “Serious traffic violation” means:

(1) A violation, while operating a motor vehicle and holding a commercial driver license, of ORS 811.140, reckless driving.

(2) A violation, while operating a commercial motor vehicle, of:

[(1)] (a) Any law establishing a speed limit, if the person is operating the vehicle 15 miles per hour or more above the posted limit.

[(2)] (b) The basic speed rule established in ORS 811.100 if the person is operating the vehicle 15 miles per hour or more above the speeds established in ORS 811.105 as prima facie evidence of violation of the basic speed rule.

(c) ORS 807.010 (1), vehicle operating without driving privileges.

(d) ORS 807.570, failure to carry a license or to present a license to a police officer.

[(3)] (e) ORS 811.140, reckless driving.

[(4)] (f) ORS 811.305, driving on the left on a curve or grade or at an intersection or rail crossing.

[(5)] (g) ORS 811.370, failure to drive within a lane.

[(6)] (h) ORS 811.410, unsafe passing on the left.

[(7)] (i) ORS 811.415, unsafe passing on the right.

[(8)] (j) ORS 811.485, following too closely.

[(9)] (k) Any law relating to motor vehicle traffic control if the violation is connected to a fatal accident. This [subsection] paragraph does not apply to violations of parking laws or laws regulating vehicle weight or equipment.

[(10) A notice issued by any duly authorized representative of the Department of Transportation requiring either a driver or a vehicle to be taken out of service.]

[(11)] (L) Any law of another jurisdiction that corresponds to an Oregon law described in this section.

SECTION 23. The amendments to ORS 801.477 by section 22 of this 2005 Act apply to:

(1) Except as provided in subsection (2) of this section, offenses committed before, on or after the effective date of this 2005 Act if the suspension period is enhanced under ORS 809.413 based on a prior offense and 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 an offense not described in subsection (1) of this section or if the offense is an offense described in ORS 801.477 (2)(c) or (d).

SECTION 24. ORS 809.400 is amended to read:

809.400. (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 province of Canada that the person’s driving privileges in that jurisdiction have been suspended or revoked. Violation of the suspension or revocation shall have the same legal effects and consequences as it would if the suspension or revocation had been imposed initially in this state upon the same grounds. The suspension or revocation under this subsection shall continue until the person suspended or revoked furnishes evidence of any of the following:

(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) The department may suspend the commercial driver license of a 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 of the person’s commercial driver license. The period of suspension under this paragraph shall be the same as would be imposed on the person if the conviction were for an offense committed in this state.]

[(b) The department may suspend the commercial driver license of a resident of this state upon receiving notice that the person’s commercial driving privileges have been suspended or revoked in another jurisdiction for reasons that would be grounds for suspension of the person’s commercial driver license in this state. The period of suspension under this paragraph shall be the same as would be imposed on the person if the violation were committed in this state.]

[(4)] (3) A person is entitled to administrative review of a suspension under this section.

DRIVING WHILE UNDER

THE INFLUENCE OF INTOXICANTS

BY PERSON HOLDING COMMERCIAL DRIVER LICENSE

SECTION 25. ORS 813.404 is amended to read:

813.404. When the Department of Transportation imposes a suspension of a commercial driver license under ORS 813.403 or 813.410 (2), or when the department imposes a suspension of a commercial driver license under ORS [809.400 (3)] 809.413 (11) or (12) for conduct in another jurisdiction that is substantially similar to that described in either ORS 813.403 or 813.410 (2), the suspension shall be [for a period of time determined according to the following]:

[(1) If the person’s commercial driver license has not previously been suspended under ORS 809.413 (2), 813.403 or 813.410 (2) or under ORS 809.400 (3) for anything other than a serious traffic violation, and:]

[(a) The person was not driving a commercial motor vehicle containing a hazardous material and the suspension is for refusal of a test under ORS 813.100, the suspension shall be for a period of three years.]

[(b) The person was not driving a commercial motor vehicle containing a hazardous material and the suspension is either because the person was convicted under ORS 813.010 or because a breath or blood test under ORS 813.100 disclosed that the person had a level of alcohol in the person’s blood that was 0.04 percent or more by weight, the suspension shall be for a period of one year.]

[(c) The person was driving a commercial motor vehicle containing a hazardous material and the suspension is for refusal of a test under ORS 813.100, the suspension shall be for a period of five years.]

[(d) The person was driving a commercial motor vehicle containing a hazardous material and the suspension is either because the person was convicted under ORS 813.010 or because a breath or blood test under ORS 813.100 disclosed that the person had a level of alcohol in the person’s blood that was 0.04 percent or more by weight, the suspension shall be for a period of three years.]

[(2) If the person’s commercial driver license has previously been suspended under ORS 809.413 (2), 813.403 or 813.410 (2), or has been suspended under ORS 809.400 (3) for something other than a serious traffic violation, the suspension shall be for the lifetime of the person. For purposes of this subsection, a suspension is not a previous suspension if it arose from the same occurrence as the current suspension.]

(1) For a period of one year if:

(a) The person has not previously been convicted of an offense described in section 13 of this 2005 Act or had a commercial driver license suspended as described in section 13 of this 2005 Act;

(b) The person was not driving a commercial motor vehicle containing a hazardous material at the time of the offense; and

(c) The suspension is either because the person was convicted under ORS 813.010 or because a breath or blood test under ORS 813.100 disclosed that the person had a level of alcohol in the person’s blood that was 0.04 percent or more by weight.

(2) For a period of three years if:

(a) The person has not previously been convicted of an offense described in section 13 of this 2005 Act or had a commercial driver license suspended as described in section 13 of this 2005 Act;

(b) The person was not driving a commercial motor vehicle containing a hazardous material at the time of the offense; and

(c) The suspension is for refusal of a test under ORS 813.100.

(3) For a period of three years if:

(a) The person has not previously been convicted of an offense described in section 13 of this 2005 Act or had a commercial driver license suspended as described in section 13 of this 2005 Act;

(b) The person was driving a commercial motor vehicle containing a hazardous material at the time of the offense; and

(c) The suspension is either because the person was convicted under ORS 813.010 or because a breath or blood test under ORS 813.100 disclosed that the person had a level of alcohol in the person’s blood that was 0.04 percent or more by weight.

(4) For a period of five years if:

(a) The person has not previously been convicted of an offense described in section 13 of this 2005 Act or had a commercial driver license suspended as described in section 13 of this 2005 Act;

(b) The person was driving a commercial motor vehicle containing a hazardous material at the time of the offense; and

(c) The suspension is for refusal of a test under ORS 813.100.

(5) For the lifetime of the person if the person has previously been convicted of an offense described in section 13 of this 2005 Act or had a commercial driver license suspended as described in section 13 of this 2005 Act.

SECTION 26. The amendments to ORS 813.404 by section 25 of this 2005 Act apply to:

(1) Offenses committed before, on or after the effective date of this 2005 Act for suspensions imposed as provided under ORS 813.404 (1) to (4).

(2) Offenses committed before, on or after the effective date of this 2005 Act for suspensions imposed as provided under ORS 813.404 (5) if:

(a) The person has two or more previous records of conviction or suspensions as described in section 13 of this 2005 Act;

(b) The records of conviction or suspensions described in paragraph (a) of this subsection resulted from the operation of a commercial motor vehicle; and

(c) None of the offenses described in paragraph (a) of this subsection was an offense described in section 13 (2)(f) of this 2005 Act.

(3) Offenses committed on or after the effective date of this 2005 Act for suspensions imposed under ORS 813.404 (5) if the offense is not an offense described in subsection (2) of this section.

SECTION 27. ORS 813.410 is amended to read:

813.410. (1) If the Department of Transportation receives from a police officer a report that is in substantial compliance with ORS 813.120, the department shall suspend the driving privileges of the person in this state on the 30th day after the date of arrest or, if the report indicates that the person failed a blood test, on the 60th day after receipt of the report, unless, at a hearing described under this section, the department determines that the suspension would not be valid as described in this section. A suspension of driving privileges imposed under this subsection shall be for a period of time established under ORS 813.420.

(2) If the department receives from a police officer a report pursuant to ORS 813.120 that discloses that the person holds a commercial driver license and that the person was driving a motor vehicle or commercial motor vehicle and refused to submit to a test under ORS 813.100 or that the person was driving a commercial motor vehicle and submitted to a breath or blood test and the person’s blood, as shown by the test, had 0.04 percent or more by weight of alcohol, the department shall suspend the person’s commercial driver license on the 30th day after the date of arrest or, if the report indicates that the person failed a blood test, on the 60th day after receipt of the report, unless, at a hearing described under this section, the department determines that the suspension would not be valid as described in this section. A commercial driver license suspension imposed under this subsection shall be for a period of time established under ORS 813.404.

(3) If within 10 days from the date of arrest, or, if the person fails a blood test, within 10 days from the date the department sends notice of suspension, the department receives a written request for a hearing from a person whose driving privileges or commercial driver license the department proposes to suspend under this section, the department shall provide a hearing in accordance with this section. Except as otherwise provided under this section, a hearing held by the department under this section shall be subject to the provisions for contested cases, other than appeal provisions, under ORS chapter 183. The applicable appeal provisions are as provided under ORS 813.450 and section 24, chapter 672, Oregon Laws 1985. Notwithstanding ORS 809.430, the department is not required to give any notice of intent to suspend or suspension in addition to that provided under ORS 813.100.

(4) A hearing required by this section is subject to all of the following:

(a) The hearing shall be before an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605.

(b) 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 alleged offense occurred or at any place within 100 miles of the place where the offense is alleged to have occurred, as established by the department by rule.

(c) The department may authorize the administrative law judge to issue a final order in any case.

(d) A person who requests a hearing under this section and who fails, without just cause, to appear in person or through an attorney waives the right to a hearing notwithstanding the provisions of ORS 183.415. If a person waives a right to a hearing under this paragraph, the department is not required to make any showing at hearing.

(e) Except as provided in ORS 813.440 or upon remand under ORS 813.450, the department shall hold the hearing and issue a final order within 30 days of the date of the arrest or, if the person fails a blood test, within 60 days from the date the department received the report of the failure.

(f) In connection with the hearing, the department or its authorized representative may administer oaths and shall issue subpoenas for the attendance of witnesses at the hearing requested by the person or the department and the production of relevant documents.

(g) The hearing shall be recorded by whatever means may be determined by the department and shall include testimony and exhibits, if any. The record of the proceedings shall not be transcribed unless requested by a party to the proceeding.

(5) This subsection shall be narrowly construed so as to effect the legislative purpose of limiting the scope of hearings under this section. The scope of a hearing under this section shall be limited to whether the suspension is valid as described in this subsection. A suspension under this section is valid if all of the following requirements have been met:

(a) The person, at the time the person was requested to submit to a test under ORS 813.100, was under arrest for driving while under the influence of intoxicants in violation of ORS 813.010 or a municipal ordinance.

(b) The police had reasonable grounds to believe, at the time the request was made, that the person arrested had been driving under the influence of intoxicants in violation of ORS 813.010 or of a municipal ordinance.

(c) The person refused a test under ORS 813.100, or took a breath or blood test and the test disclosed that the level of alcohol in the person’s blood at the time of the test was:

(A) 0.08 percent or more by weight if the person was not driving a commercial motor vehicle;

(B) 0.04 percent or more by weight if the person was driving a commercial motor vehicle; or

(C) Any amount if the person was under 21 years of age.

(d) If the report under ORS 813.120 indicates that the person was driving a commercial motor vehicle, the vehicle was in fact a commercial motor vehicle as defined in ORS 801.208.

(e) The person had been informed under ORS 813.100 of rights and consequences as described under ORS 813.130.

(f) The person was given written notice required under ORS 813.100.

(g) If the person arrested submitted to a test under ORS 813.100, the person administering the test was qualified to administer the test under ORS 813.160.

(h) If the person arrested submitted to a test under ORS 813.100, the methods, procedures and equipment used in the test complied with requirements under ORS 813.160.

(6) A suspension imposed under this section shall remain in effect pending any appeal or remand of a final order issued under this section and there shall be no stay of the suspension pending appeal or remand.

(7) Unless a person fails, without just cause, to appear in person or through an attorney at a hearing requested under this section, a person shall have the right to appeal any final order by the department after a hearing under this section by filing a petition. The following apply to this subsection:

(a) The person shall file the petition in the circuit court for the county where the person resides or, if the person does not reside in Oregon, in the circuit court of the county in which the arrest took place within 30 days after issuance of the final order of the department.

(b) The court upon receipt of the petition shall set the matter for hearing upon 10 days’ notice to the department and the petitioner unless hearing is waived by both the department and the petitioner.

SECTION 28. ORS 813.130 is amended to read:

813.130. This section establishes the requirements for information about rights and consequences for purposes of ORS 813.100 and 813.410. The following apply to the information about rights and consequences:

(1) The information about rights and consequences shall be substantially in the form prepared by the Department of Transportation. The department may establish any form it determines appropriate and convenient.

(2) The information about rights and consequences shall be substantially as follows:

(a) Driving under the influence of intoxicants is a crime in Oregon, and the person is subject to criminal penalties if a test under ORS 813.100 shows that the person is under the influence of intoxicants. If the person refuses a test or fails, evidence of the refusal or failure may also be offered against the person.

(b) The person will fail a test under ORS 813.100 for purposes of criminal penalties if the test discloses a blood alcohol content of 0.08 percent or more by weight. The person will fail a test for purposes of the Motorist Implied Consent Law if the test discloses a blood alcohol content of:

(A) 0.08 percent or more by weight if the person was not driving a commercial motor vehicle;

(B) 0.04 percent or more by weight if the person was driving a commercial motor vehicle; or

(C) Any amount if the person was under 21 years of age.

(c) If the person refuses or fails a test under ORS 813.100, the person’s driving privileges will be suspended. The outcome of a criminal charge for driving under the influence of intoxicants will not affect the suspension. The suspension will be substantially longer if the person refuses a test.

(d) If the person refuses a test or fails a breath test under ORS 813.100 and has an Oregon driver license or permit, the license or permit will be taken immediately and, unless the person does not currently have full valid driving privileges, a temporary driving permit will be issued to the person.

(e) If the person refuses a test under ORS 813.100, the person will not be eligible for a hardship permit for at least 90 days, and possibly for one year, depending on the person’s driving record. The person may possibly qualify for a hardship permit in 30 days if the person fails a test, depending on the person’s driving record.

(f) If the person refuses a breath test under ORS 813.100, the person is subject to a fine of at least $500 and not more than $1,000.

(g) After taking a test under ORS 813.100, the person will have a reasonable opportunity, upon request, for an additional chemical test for blood alcohol content to be performed at the person’s own expense by a qualified individual of the person’s choosing.

(h) The person has a right to a hearing to challenge the validity of the suspension before the suspension becomes effective. The person must make a written request to the department for such a hearing. If the person wins at the hearing, the person’s driving privileges will not be suspended. If the person loses at the hearing, the suspension will remain in effect during any court review of the hearing.

(i) The following times:

(A) If the person is issued a temporary driving permit under ORS 813.100, the number of hours before the driving permit will be effective and the number of days the permit will be effective.

(B) The number of days within which a person must request a hearing under ORS 813.410.

(C) The number of days within which a hearing under ORS 813.410 will be held.

(3) If the person is driving a commercial motor vehicle, the information about rights and consequences shall include, in addition to the provisions of subsection (2) of this section, substantially the following:

(a) If the person refuses a test under ORS 813.100 or submits to a breath or blood test and the level of alcohol in the person’s blood is 0.04 percent or more by weight, the person’s commercial driver license or right to apply for a commercial driver license will be suspended and no hardship permit authorizing the person to drive a commercial motor vehicle will be issued. The suspension will be substantially longer if the person refuses a test.

[(b) The suspension of the person’s commercial driver license or right to apply for a commercial driver license will be for the person’s lifetime if:]

[(A) The person refuses a test under ORS 813.100 or submits to a breath or blood test and the level of alcohol in the person’s blood is 0.04 percent or more by weight; and]

[(B) The person’s commercial driver license or right to apply for a commercial driver license has previously been suspended because the person was convicted of a crime punishable as a felony, of failure to perform the duties of a driver or of driving while under the influence of intoxicants or because the person refused a previous test or submitted to a breath or blood test and the level of alcohol in the person’s blood was 0.04 percent or more by weight.]

(b) The suspension of the person’s commercial driver license or right to apply for a commercial driver license will be for the person’s lifetime if the person refuses a test under ORS 813.100 or submits to a breath or blood test and the level of alcohol in the person’s blood is 0.04 percent or more by weight and:

(A) The person previously has been convicted of failure to perform the duties of a driver;

(B) The person previously has been convicted of a crime punishable as a felony and the person was driving a motor vehicle at the time the offense was committed;

(C) The person previously has been convicted of driving a commercial motor vehicle while the person’s commercial driver license or right to apply for a commercial driver license was suspended or revoked;

(D) The person previously has been convicted 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;

(E) The person previously has been convicted of driving while under the influence of intoxicants;

(F) The person’s commercial driver license previously has been suspended or revoked for refusal to submit to, or failure of, a breath or blood test under ORS 813.100; or

(G) The person’s right to apply for a commercial driver license previously has been suspended or revoked for refusal to submit to, or failure of, a breath or blood test under ORS 813.100 resulting from the operation of a commercial motor vehicle.

(4) Nothing in this section prohibits the department from providing additional information concerning rights and consequences that the department considers convenient or appropriate.

SECTION 29. ORS 813.215 is amended to read:

813.215. A defendant is eligible for diversion if:

(1) The defendant had no charge of an offense of driving while under the influence of intoxicants or its statutory counterpart in any jurisdiction, other than the charge for the present offense, pending on the date the defendant filed the petition for a driving while under the influence of intoxicants diversion agreement;

(2) The defendant has not been convicted of an offense described in subsection (1) of this section within the period beginning 10 years before the date of the commission of the present offense and ending on the date the defendant filed the petition for a driving while under the influence of intoxicants diversion agreement;

(3) The defendant was not participating in a driving while under the influence of intoxicants diversion program or in any similar alcohol or drug rehabilitation program, other than a program entered into as a result of the charge for the present offense, in this state or in any other jurisdiction on the date the defendant filed the petition for a driving while under the influence of intoxicants diversion agreement;

(4) The defendant did not participate in a diversion or rehabilitation program described in subsection (3) of this section, other than a program entered into as a result of the charge for the present offense, within the period beginning 10 years before the date of the commission of the present offense and ending on the date the defendant filed the petition for a driving while under the influence of intoxicants diversion agreement;

(5) The defendant had no charge of an offense of murder, manslaughter, criminally negligent homicide or assault that resulted from the operation of a motor vehicle pending in this state or in any other jurisdiction on the date the defendant filed the petition for a driving while under the influence of intoxicants diversion agreement;

(6) The defendant has not been convicted of an offense described in subsection (5) of this section within the period beginning 10 years before the date of the commission of the present offense and ending on the date the defendant filed the petition for a driving while under the influence of intoxicants diversion agreement; [and]

(7) The defendant did not have a commercial driver license at the time of the offense;

(8) The defendant was not operating a commercial motor vehicle at the time of the offense; and

[(7)] (9) The present driving while under the influence of intoxicants offense did not involve an accident resulting in:

(a) Death of any person other than the defendant; or

(b) Physical injury as defined in ORS 161.015 to any person other than the defendant.

SECTION 30. ORS 153.090 is amended to read:

153.090. (1) Judgments entered under this chapter may include:

(a) Imposition of a sentence to pay a fine;

(b) Costs, assessments and restitution authorized by law;

(c) A requirement that the fine, costs, assessments and restitution, if any, be paid out of any base fine;

(d) Remission of any balance of a base fine to the defendant or to any other person designated by the defendant; and

(e) Any other provision authorized by law.

(2) Notwithstanding ORS 137.106, if the court orders restitution in a default judgment entered under ORS 153.102, a defendant may allege an inability to pay the full amount of monetary sanctions imposed, including restitution, and request a hearing to determine whether the defendant is unable to pay or to establish a payment schedule by filing a written request with the court within one year after the entry of the judgment. The court shall set a hearing on the issue of the defendant’s ability to pay upon receipt of the request and shall give notice to the district attorney. The district attorney shall give notice to the victim of the date, time and place of the hearing. The court may determine a payment schedule for monetary sanctions imposed, including restitution ordered under this subsection, if the defendant establishes at the hearing that the defendant is unable to pay the ordered restitution in full.

(3) If a trial is held in a violation proceeding, or a default judgment is entered against the defendant under ORS 153.102, the court may impose any fine within the statutory limits for the violation. If a defendant pleads no contest under ORS 153.061 (2)(b), or pleads guilty under ORS 153.061 (2)(c), and the court accepts the plea and enters judgment against the defendant, the amount of the fine imposed against the defendant by the court may not exceed the amount of the base fine established for the violation under ORS 153.125 to 153.145.

(4) A judge may suspend operation of any part of a judgment entered under this chapter upon condition that the defendant pay the nonsuspended portion of a fine within a specified period of time. If the defendant fails to pay the nonsuspended portion of the fine within the specified period of time, the suspended portion of the judgment becomes operative without further proceedings by the court and the suspended portion of the fine becomes immediately due and payable.

(5) The court may not recommend a suspension of the defendant’s driving privileges unless a trial has been required. The failure of the defendant to appear at the trial does not prevent the court from recommending suspension of the defendant’s driving privileges.

(6) Entry of a default judgment under ORS 153.102 does not preclude the arrest and prosecution of the defendant for the crime of failure to appear in a violation proceeding under ORS 153.992.

(7) If a person holds a commercial driver license, a court may not defer entry of a judgment or allow an individual to enter into a diversion program that would prevent a conviction for a traffic offense from appearing on the driving record of the holder. This subsection applies to all traffic offenses, whether committed while driving a motor vehicle or a commercial motor vehicle, but does not apply to parking violations.

HAZARDOUS MATERIALS ENDORSEMENT

SECTION 31. ORS 801.303 is amended to read:

801.303. “Hazardous materials” has the meaning given [for] that term in [section 103 of the Hazardous Materials Transportation Act, 49 App. U.S.C. 1801 et seq.] 49 C.F.R. 383.5, as in effect on the effective date of this 2005 Act.

SECTION 32. Section 33 of this 2005 Act is added to and made a part of the Oregon Vehicle Code.

SECTION 33. (1) Notwithstanding ORS 807.170, the Department of Transportation may not issue or renew a commercial driver license with a hazardous materials endorsement and may cancel a commercial driver license with a hazardous materials endorsement if a person:

(a) Does not complete and pass a security threat assessment from the federal Transportation Security Administration, including receipt by the department of a notice from the federal Transportation Security Administration showing that the person does not pose a security threat. The department shall establish by rule the process and frequency for obtaining a security threat assessment.

(b) Is assessed as a security threat by the federal Transportation Security Administration. The assessment must be received by the department in the form of a notice from the federal Transportation Security Administration.

(2) A person is entitled to administrative review under ORS 809.440 when the department does not issue or renew a commercial driver license with a hazardous materials endorsement under this section or cancels a commercial driver license with a hazardous materials endorsement under this section.

(3) To the extent possible, rules promulgated by the department under this section should be uniform with any applicable federal regulations related to the holding of a commercial driver license with a hazardous materials endorsement.

SECTION 34. Section 33 of this 2005 Act applies to commercial driver licenses with hazardous materials endorsements that are issued or renewed on or after the effective date of this 2005 Act.

SECTION 35. ORS 807.280 is amended to read:

807.280. The Department of Transportation shall provide for the issuance of instruction driver permits in a manner consistent with this section. A person who is issued an instruction driver permit may exercise the same driving privileges as those under the class of license or endorsement for which the permit is issued except as provided in this section or under the permit. Except as otherwise provided in this section, an instruction driver permit is subject to the fees, provisions, conditions, prohibitions and penalties applicable to a license or endorsement granting the same driving privileges. The following apply to an instruction driver permit:

(1) An instruction driver permit is subject to the same classifications and endorsements as a license. The department may issue an instruction driver permit to grant the same driving privileges as a Class A commercial, Class B commercial, Class C commercial or Class C driver license or as a motorcycle endorsement, but the permit will also be subject to the provisions of this section.

(2) The department may issue an instruction driver permit to a person who is qualified to obtain the same driving privileges under the corresponding class of license or type of endorsement except for the person’s age or lack of experience in the operation of motor vehicles subject to the following:

(a) An applicant must be 15 years of age or older to receive the same driving privileges as are granted under a Class C license.

(b) An applicant must be 16 years of age or older and have a commercial driver license or a Class C license to receive the same driving privileges as are granted under a motorcycle endorsement.

(c) An applicant must be 18 years of age or older to receive the same driving privileges as are granted under any class of license not otherwise provided for under this subsection.

(3) The only fee required for issuance of an instruction driver permit is the instruction driver permit issuance fee under ORS 807.370.

(4) A Class C instruction driver permit shall be valid for 24 months from the date of issuance. All other instruction driver permits issued under this section shall be valid for one year from the date of issuance. A permit issued under this section may not be renewed.

(5) The holder of the permit may not operate a motor vehicle unless the holder has the permit in the holder’s immediate possession and is accompanied by a person with a class of license granting the same driving privileges or a license with an endorsement granting the same driving privileges who is not less than 21 years of age. The accompanying person must be occupying a seat beside the holder of the permit unless the permit is for motorcycle driving privileges. For a permit granting motorcycle driving privileges, the holder of the permit must be in the company and under the supervision and visual observation of the accompanying person and the accompanying person must be operating a separate motorcycle. If the permit authorizes its holder to operate a commercial motor vehicle, the accompanying person must have a commercial driver license and the proper endorsements for the vehicle being operated by the holder of the permit. The holder of the permit may not operate any motor vehicle transporting hazardous materials.

(6) The holder of a permit granting motorcycle driving privileges is subject to the following in addition to any other requirements under this section:

(a) The holder may only operate a motorcycle during daylight hours.

(b) The holder may not carry any passengers on the motorcycle.

(c) The holder of the permit must wear an approved helmet while operating a motorcycle.

(7) The fee for issuance of a duplicate or replacement permit because of loss, destruction or mutilation of the permit is the permit replacement fee under ORS 807.370.

(8)(a) The department may issue an instruction driver permit to a person with a limited vision condition if a rehabilitation training specialist certifies to the department that the person has successfully completed a rehabilitation training program.

(b) As used in this subsection, “limited vision condition,” “rehabilitation training specialist” and “rehabilitation training program” have the meanings given those terms in section 2, chapter 277, Oregon Laws 2003.

(9) In addition to any other requirements under this section, the holder of a permit issued under subsection (8) of this section may operate a motor vehicle only:

(a) During daylight hours;

(b) On highways with a designated speed or speed limit not greater than 45 miles per hour; and

(c) When the holder is using a bioptic telescopic lens.

SECTION 36. ORS 807.280, as amended by section 12, chapter 277, Oregon Laws 2003, is amended to read:

807.280. The Department of Transportation shall provide for the issuance of instruction driver permits in a manner consistent with this section. A person who is issued an instruction driver permit may exercise the same driving privileges as those under the class of license or endorsement for which the permit is issued except as provided in this section or under the permit. Except as otherwise provided in this section, an instruction driver permit is subject to the fees, provisions, conditions, prohibitions and penalties applicable to a license or endorsement granting the same driving privileges. The following apply to an instruction driver permit:

(1) An instruction driver permit is subject to the same classifications and endorsements as a license. The department may issue an instruction driver permit to grant the same driving privileges as a Class A commercial, Class B commercial, Class C commercial or Class C driver license or as a motorcycle endorsement, but the permit will also be subject to the provisions of this section.

(2) The department may issue an instruction driver permit to a person who is qualified to obtain the same driving privileges under the corresponding class of license or type of endorsement except for the person’s age or lack of experience in the operation of motor vehicles subject to the following:

(a) An applicant must be 15 years of age or older to receive the same driving privileges as are granted under a Class C license.

(b) An applicant must be 16 years of age or older and have a commercial driver license or a Class C license to receive the same driving privileges as are granted under a motorcycle endorsement.

(c) An applicant must be 18 years of age or older to receive the same driving privileges as are granted under any class of license not otherwise provided for under this subsection.

(3) The only fee required for issuance of an instruction driver permit is the instruction driver permit issuance fee under ORS 807.370.

(4) A Class C instruction driver permit shall be valid for 24 months from the date of issuance. All other instruction driver permits issued under this section shall be valid for one year from the date of issuance. A permit issued under this section may not be renewed.

(5) The holder of the permit may not operate a motor vehicle unless the holder has the permit in the holder’s immediate possession and is accompanied by a person with a class of license granting the same driving privileges or a license with an endorsement granting the same driving privileges who is not less than 21 years of age. The accompanying person must be occupying a seat beside the holder of the permit unless the permit is for motorcycle driving privileges. For a permit granting motorcycle driving privileges, the holder of the permit must be in the company and under the supervision and visual observation of the accompanying person and the accompanying person must be operating a separate motorcycle. If the permit authorizes its holder to operate a commercial motor vehicle, the accompanying person must have a commercial driver license and the proper endorsements for the vehicle being operated by the holder of the permit. The holder of the permit may not operate any motor vehicle transporting hazardous materials.

(6) The holder of a permit granting motorcycle driving privileges is subject to the following in addition to any other requirements under this section:

(a) The holder may only operate a motorcycle during daylight hours.

(b) The holder may not carry any passengers on the motorcycle.

(c) The holder of the permit must wear an approved helmet while operating a motorcycle.

(7) The fee for issuance of a duplicate or replacement permit because of loss, destruction or mutilation of the permit is the permit replacement fee under ORS 807.370.

MISCELLANEOUS PROVISIONS

SECTION 37. The unit captions used in this 2005 Act are provided only for the convenience of the reader and do not become part of the statutory law of this state or express any legislative intent in the enactment of this 2005 Act.

SECTION 38. Section 13 of this 2005 Act and the amendments to ORS 153.090, 801.303, 801.477, 807.040, 807.045, 809.400, 809.413, 809.460, 810.375, 811.182, 813.130, 813.215, 813.404 and 813.410 by sections 15 to 20, 22, 24, 25 and 27 to 31 of this 2005 Act become operative September 30, 2005.

SECTION 39. This 2005 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2005 Act takes effect on its passage.

Approved by the Governor July 27, 2005

Filed in the office of Secretary of State July 27, 2005

Effective date July 27, 2005

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