Chapter 355
Oregon Laws 2011
AN ACT
HB 2137
Relating to
driving privileges; amending ORS 153.090, 165.805, 167.401, 471.430, 742.449,
742.562, 742.566, 746.265, 801.477, 802.220, 807.220, 807.250, 807.350,
809.020, 809.120, 809.140, 809.220, 809.235, 809.240, 809.260, 809.265,
809.275, 809.280, 809.409, 809.411, 809.412, 809.440, 811.109, 811.135 and
813.606.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 809.280 is amended to
read:
809.280. [(1) This section establishes the procedures the Department of
Transportation shall follow when a court orders or recommends the suspension or
revocation of driving privileges. This section also establishes the period of
time the revocation or suspension will be effective.]
[(2)]
(1) [When] Upon receipt of
a court [orders a suspension of driving
privileges] order under ORS 809.270, the Department of
Transportation shall [immediately
make proper entry in its files and records and take other action as necessary
to implement the order] suspend the person’s driving privileges. The
suspension shall remain in [force] effect
until the department is notified by the court that the suspension is ended,
except that, if the department is ordered to automatically [restore] reinstate the driving
privileges upon the successful completion of a program, the department shall do
so and shall notify the judge that the person has complied with the order of
the judge.
(2) Upon receipt of a court order
under ORS 809.120, the department shall suspend the person’s driving
privileges. The suspension shall be for the period ordered by the court. The
court may only order suspension for a period not to exceed 90 days.
[(3)
When a court recommends a suspension of driving privileges under ORS 809.120,
the department shall impose the suspension as recommended by the court.]
[(4)]
(3) [When a court notifies the
department] Upon receipt of a court notice under ORS 809.130 of an
unsettled judgment, the department shall suspend the person’s driving
privileges and, subject to any other requirements of law, [restore] reinstate the driving
privileges upon appropriate notification from the court under ORS 809.130,
except that the department shall only impose the suspension after the
department has determined that:
(a) The judgment was rendered against
the person;
(b) The judgment has remained
unsettled as described in ORS 809.470 for 60 days; and
(c) The judgment continues to be
unsettled as described in ORS 809.470.
[(5)]
(4) [When a court notifies the
department under ORS 419C.472 or 809.220 to suspend for failure to appear, the
department shall suspend the driving privileges of the person] Upon
receipt of a court notice under ORS 419C.472 or 809.220, the department shall
suspend the person’s driving privileges for an indefinite period. The
department shall [terminate the
suspension] reinstate driving privileges that have been suspended under
this subsection upon notification by the court or upon the elapse of 10
years from the date of suspension, whichever comes first. [A suspension under this subsection shall be
placed on the defendant’s driving record.] The department [shall] may not suspend any
driving privileges under this subsection for a person’s failure to appear on a
parking, pedestrian or bicyclist offense.
[(6)]
(5) [When a court sends the
department a license or otherwise notifies the department] Upon receipt
of a court notice under ORS 810.310, the department shall suspend the person’s
driving privileges [of the person]
for an indefinite period. The department shall [terminate the suspension ordered under this section] reinstate
driving privileges that have been suspended under this subsection upon
notification by the court or upon the lapse of 10 years from the date of
suspension, whichever comes first.
[(7)
In addition to any other authority to suspend driving privileges under the
vehicle code, the department shall suspend all driving privileges of any person
upon receipt of an order of denial of driving privileges under ORS 809.260. The
suspension shall be imposed without hearing. The driving privileges of the
person shall be suspended as provided in the following:]
(6) Upon receipt of a court order
under ORS 809.260, the department shall suspend the person’s driving privileges
as follows:
(a) Upon receipt of the first order [denying] suspending driving
privileges, the department shall [impose
a suspension] suspend the person’s driving privileges for one year,
or until the person [so suspended]
reaches 17 years of age, whichever is longer.
(b) Upon receipt of a second or
subsequent order [denying] suspending
driving privileges, the department shall suspend the person’s driving
privileges for one year or until the person reaches 18 years of age,
whichever is longer.
[(8)]
(7) If the department receives notice from a court that it has withdrawn an
order issued under ORS 809.260, the department shall immediately reinstate any
driving privileges that have been suspended under subsection [(7)] (6) of this section because
of the issuance of the order.
[(9)
When a court orders suspension of driving privileges under ORS 165.805 or
471.430, the department shall impose the suspension as ordered by the court.]
(8) Upon receipt of a court order
under ORS 165.805 or 471.430, the department shall suspend the person’s driving
privileges. The suspension shall be for the period ordered by the court. The
court may only order suspension for a period not to exceed one year.
[(10)
When a court orders a suspension of driving privileges under ORS 809.265, the
department shall immediately suspend all driving privileges of the person. Upon
receipt of an order suspending driving privileges, the department shall impose
a suspension for six months.]
(9) Upon receipt of a court order
under ORS 809.265, the department shall suspend the person’s driving privileges
for six months.
[(11)]
(10) [When a court orders revocation
of driving privileges as provided in] Upon receipt of a court order
under ORS 809.235, the department shall [impose the revocation as ordered] permanently revoke the person’s
driving privileges. The revocation shall remain in effect until the
department is notified by a court that the person’s driving privileges have
been ordered restored.
[(12)]
(11) When a court orders suspension of driving privileges under ORS 811.109
(4), the department shall [impose
the suspension as ordered by the court] suspend the person’s driving
privileges. The suspension shall be for the period ordered by the court.
The court may only order suspension for a period not to exceed 30 days.
(12) When a court orders suspension of
driving privileges under ORS 811.109 (5), the department shall suspend the
person’s driving privileges. The suspension shall be for the period ordered by
the court. The court may only order suspension for not less than 30 days and not
more than 90 days.
[(13)
When a court orders suspension of driving privileges under ORS 811.135, the
department shall immediately suspend all driving privileges of the person for
one year.]
(13) Upon receipt of a court order
under ORS 811.135, the department shall suspend the person’s driving privileges
for one year.
SECTION 2. ORS 807.220 is amended to
read:
807.220. (1) The Department of
Transportation shall provide for the issuance of emergency driver permits in a
manner consistent with this section.
(2) Except as otherwise provided in
this section an emergency driver permit is subject to the fees, provisions,
conditions, prohibitions and penalties applicable to a Class C license.
(3) The following apply to an
emergency driver permit:
(a) The department may issue an
emergency driver permit to a person 14 years of age or older.
(b) The department shall place
restrictions on the permit that designate the routes over which the permit is
valid. The department shall designate routes it determines necessary from the
facts creating the emergency.
(c) The permit shall only be issued if
the department is satisfied that an emergency exists that requires operation of
a motor vehicle by the applicant.
(d) The department may establish a
form for the permit that differs from the form required for a license.
(e) The only fee required for issuance
of the permit is the emergency driver permit fee under ORS 807.370.
(f) The department may establish a
period for the expiration of the permit that coincides with the end of the
emergency that is the basis for the permit.
(g) The department shall cancel the
permit if the department determines that the holder of the permit has operated
a motor vehicle over any highway or for any purpose other than one approved
under the permit.
(h) If an emergency driver permit is
canceled, the person issued the permit is ineligible to be issued another
emergency driver permit for a period of one year.
(i) In addition to any other
application requirements for the emergency driver permit, the applicant must
obtain the endorsement on the application of the sheriff of the county in which
the applicant resides.
(4) The department may issue an
emergency driver permit, if the person qualifies for the permit, to a person
whose driving privileges are suspended under ORS 809.280 because the department
has received an order [of denial of] suspending
driving privileges under ORS 809.260. In addition to other emergencies, a
situation that leaves the applicant with no alternative means to travel to and
from school is an emergency for purposes of a permit issued under this
subsection.
SECTION 3. ORS 809.120 is amended to
read:
809.120. (1) In addition to any other
punishment imposed under ORS 818.040, a convicting court has authority
to [recommend] order the
suspension of the driving privileges of the operator of the vehicle used to
violate ORS 818.040 or the registration of the vehicle if the vehicle is
required to be registered by the Department of Transportation. The authority of
a court to [recommend] order
the suspension of driving privileges or registration under this section is
subject to the following:
(a) Subject to paragraph (b) of this
subsection, the court may only [recommend]
order suspension for a period of up to 90 days.
(b) For a second or subsequent
violation of ORS 818.040, within one year after the first conviction, the court
shall [recommend] order the
suspension for not less than 30 days nor more than 90 days.
(2) Upon [recommending] ordering a suspension under this section, a
court shall secure the license, driver permit or registration plates [recommended] ordered suspended
and shall immediately forward them to the department with the [recommendation] order of
suspension as provided under ORS 809.275.
(3) Upon receipt of an order under
this section, the department shall proceed as provided under ORS 809.020 or
809.280.
SECTION 4. ORS 809.140 is amended to
read:
809.140. (1) Unless otherwise
specifically provided by law, a person whose identification card, vehicle
registration or driving privileges are suspended, revoked or canceled by the
Department of Transportation is entitled to administrative review of the action
rather than to a formal hearing by the department if the suspension, revocation
or cancellation is based upon:
(a) A conviction;
(b) Notification from a court that the
court has [suspended, revoked or canceled
an identification card, registration or privileges] ordered suspension,
revocation or cancellation; or
(c) Notice from a court to the
department to suspend, cancel or revoke.
(2) Actions by the department based on
grounds other than those specified in subsection (1) of this section may be
subject to administrative review rather than a formal hearing if specifically
provided by law.
SECTION 5. ORS 809.220 is amended to
read:
809.220. This section establishes
procedures that are applicable if a person fails to appear on a citation for a
traffic offense or for a violation of ORS 471.430. All of the following apply
to this section:
(1) If a defendant fails to make any
appearance required by the court or by law in a proceeding charging the
defendant with a traffic offense or with a violation of ORS 471.430, the court:
(a) Shall issue notice to the
Department of Transportation to suspend for failure to appear if the defendant
is charged with a traffic crime or with a violation of ORS 471.430. If a court
issues notice under this paragraph, the department shall suspend the driving
privileges of the person as provided under ORS 809.280.
(b) Shall issue notice to the
department to implement procedures under ORS 809.416 if the defendant is
charged with a traffic violation. If a court issues notice under this
paragraph, the department shall implement procedures under ORS 809.416.
(2) In any notice to the department
under this section, a court shall certify that the defendant failed to appear
in the proceedings in the manner required by the court or by law.
(3) At any time within 10 years from
the date of a notice to suspend for failure to appear given to the department
under this section, a court shall give a second notice to the department to [terminate a suspension] reinstate the
person’s suspended driving privileges resulting from the original notice if
any of the following occur:
(a) The base fine amount or fine set
by the court is paid.
(b) The court finds the defendant not
guilty or orders a dismissal of the case.
(c) The court determines that the [suspension for failure to pay or appear
should be terminated] person’s suspended driving privileges should be
reinstated for good cause.
(4) Notifications by a court to the
department under this section shall be in a form prescribed by the department.
(5) A court shall not notify the
department under this section for failure to appear on any parking, pedestrian
or bicyclist offense.
SECTION 6. ORS 802.220 is amended to
read:
802.220. (1) Except as otherwise
provided in this subsection and ORS 802.177, the records the Department of
Transportation maintains under ORS 802.200 on vehicles are public records. The
records of vehicles registered under ORS 805.060 are not public records and are
exempt from public inspection as provided under ORS 181.548 and are for the
confidential use of criminal justice agencies described under ORS 181.010. The
department may charge the fee established under ORS 802.230 for furnishing
information under this section concerning a vehicle or its owner.
(2) The department may charge the fee
established under ORS 802.230 for furnishing to the public information from the
records the department maintains under ORS 802.200 concerning driver licenses
or driver permits.
(3) The records the department keeps
under ORS 802.200 on judgments or convictions under ORS 810.375 shall be open
to the inspection of any person during reasonable business hours. Nothing in
this subsection authorizes the release of personal information as defined in
ORS 802.175.
(4) The department shall upon request
furnish any person certified abstracts of the employment driving record and the
nonemployment driving record of any person whose driving records are maintained
under ORS 802.200. If an abstract of the employment driving record is not
specifically requested, the department shall only furnish an abstract of the
nonemployment driving record. Nothing in this subsection authorizes the release
of personal information as defined in ORS 802.175. The department shall collect
the fee established for abstracts of driving records under ORS 802.230. A
certified abstract issued under this section shall not contain any of the
following, unless the abstract is being requested under ORS 746.265 (3):
(a) Any accident or conviction for
violation of motor vehicles laws that occurred more than three years
immediately preceding a request for abstract.
(b) Any suspension ordered under ORS
809.220 after the department has received notice to [terminate the suspension] reinstate a person’s suspended driving
privileges under ORS 809.220.
(c) Any diversion agreement under ORS
813.220 entered into more than three years immediately preceding a request for
the abstract.
(5) Except as otherwise provided in
this subsection, accident reports filed with the department under ORS 811.725,
811.730 or 811.735 shall be without prejudice to the individual filing the
report and shall be for the confidential use of state administrative and
enforcement agencies. The department may use the confidential accident reports
to provide the following information to the persons described:
(a) Upon request, the department shall
disclose the following information to any party involved in the accident or to
their personal representative or any member of the family of a party involved
in the accident:
(A) The identity of the owner, driver,
occupants and the registration number of a vehicle involved in the accident;
(B) The names of any companies
insuring the owner or driver of a vehicle involved in the accident; and
(C) The names of any witnesses to the
accident.
(b) The department shall furnish a
certificate showing that a specified accident report has or has not been made
to the department upon demand of any person who has or claims to have made such
a report or upon demand of a court.
(6) The department shall tabulate and
may analyze all accident reports to develop statistical information based
thereon as to the number and circumstances of traffic accidents. The department
shall publish information compiled under this section in the manner provided
under ORS 802.050.
(7) Except as otherwise provided in
this subsection, the records the department is required under ORS 802.200 to
maintain on trip permits issued under ORS 803.600 are public records. The
department may charge a fee established under ORS 802.230 for furnishing
information from the records on trip permits. Nothing in this subsection
authorizes the release of personal information as defined in ORS 802.175.
(8) The records the department
maintains under ORS 802.200 concerning odometer readings for vehicles are
public records. The department may separately furnish information concerning
odometer readings shown by its records. The department may charge the fee
established under ORS 802.230 for information separately provided under this
subsection. Nothing in this subsection authorizes the release of personal
information as defined in ORS 802.175.
SECTION 7. ORS 809.260 is amended to
read:
809.260. (1) Whenever a person who is
17 years of age or younger, but not younger than 13 years of age, is convicted
of any offense described in this subsection or determined by a juvenile court
to have committed one of the described offenses, the court in which the person
is convicted shall [prepare and send to
the Department of Transportation, within 24 hours of the conviction or
determination, an order of denial of driving privileges for the person so
convicted] order suspension of the person’s driving privileges. This
subsection applies to ORS 166.370 and to any offense involving the delivery,
manufacture or possession of controlled substances.
(2) Whenever a person who is 20 years
of age or younger, but not younger than 13 years of age, at the time of
committing any offense described in this subsection, is convicted or determined
by a juvenile court to have committed one of the described offenses, the court
in which the person is convicted shall [prepare
and send to the Department of Transportation, within 24 hours of the conviction
or determination, an order of denial of driving privileges for the person so
convicted] order suspension of the person’s driving privileges. This
subsection applies to any offense involving the possession, use or abuse of
alcohol.
(3) If a court has issued an order [of denial of] suspending driving
privileges under this section, the court, upon petition of the person, may
review the order and may withdraw the order at any time the court deems
appropriate except as provided in the following:
(a) A court may not withdraw an order
for a period of 90 days following the issuance of the order if it is the first
such order issued with respect to the person.
(b) A court may not withdraw an order for
a period of one year following the issuance of the order if it is the second or
subsequent such order issued with respect to the person.
(c) Notwithstanding paragraph (a) of
this subsection, a court may not withdraw an order for a period of six months
if the order is based on a determination or conviction involving controlled
substances.
(4) Upon receipt of an order under
this section, the department shall take action as directed under ORS 809.280.
SECTION 8. ORS 809.265 is amended to
read:
809.265. (1) Unless the court finds
compelling circumstances not to order suspension of driving privileges, the
court in which a person is convicted of an offense described in this subsection
shall [prepare and send to the Department
of Transportation, within 24 hours of the conviction, an order of suspension of
driving privileges of the person] order suspension of the person’s
driving privileges. This subsection applies when a person is convicted of:
(a) Any offense involving
manufacturing, possession or delivery of controlled substances.
(b) Driving while under the influence
of intoxicants in violation of ORS 813.010 or of a municipal ordinance if the
person was under the influence of an inhalant or a controlled substance.
(2) Upon receipt of an order under this
section, the department shall take action as directed under ORS 809.280.
SECTION 9. ORS 809.275 is amended to
read:
809.275. (1) A court shall take
immediate possession of any license or driver permit held by a defendant that
is issued by any jurisdiction if the court [imposes]
orders a suspension or revocation under ORS 165.805, 471.430,
809.120, 809.235, 809.240, 809.260, 809.265 [or] 809.270, 811.109 or 811.135.
(2) Upon taking possession of a
license or permit under this section, a court shall immediately forward to the
Department of Transportation the license or permit and a copy of the suspension
or revocation order or other information satisfactory to the department and to
the State Court Administrator.
(3) A suspension or revocation of
driving privileges becomes effective on the date a court takes possession of a
license or permit under this section or orders the suspension or revocation.
(4) The department is not required
to provide further notice of a suspension or revocation ordered by the court.
(5) Nothing in this section requires a
court to take additional action, after the conclusion of the sentencing
hearing, to secure the driver license or driver permit.
SECTION 10. ORS 811.109 is amended to
read:
811.109. (1) Violation of a specific
speed limit imposed under law or of a posted speed limit is punishable as
follows:
(a) One to 10 miles per hour in excess
of the speed limit is a Class D traffic violation.
(b) 11 to 20 miles per hour in excess
of the speed limit is a Class C traffic violation.
(c) 21 to 30 miles per hour in excess
of the speed limit is a Class B traffic violation.
(d) Over 30 miles per hour in excess
of the speed limit is a Class A traffic violation.
(2) Notwithstanding subsection (1) of
this section, if the speed limit is 65 miles per hour or greater and:
(a) The person is exceeding the speed
limit by 10 miles per hour or less, the offense is a Class C traffic violation.
(b) The person is exceeding the speed
limit by more than 10 miles per hour but not more than 20 miles per hour, the
offense is a Class B traffic violation.
(c) The person is exceeding the speed
limit by more than 20 miles per hour, the offense is a Class A traffic
violation.
(3) Violation of the basic speed rule
by exceeding a designated speed posted under ORS 810.180 is punishable as
follows:
(a) One to 10 miles per hour in excess
of the designated speed is a Class D traffic violation.
(b) 11 to 20 miles per hour in excess
of the designated speed is a Class C traffic violation.
(c) 21 to 30 miles per hour in excess
of the designated speed is a Class B traffic violation.
(d) Over 30 miles per hour in excess
of the designated speed is a Class A traffic violation.
(4) In addition to a fine imposed
under subsection (1), (2) or (3) of this section, a court may [impose] order a suspension of
driving privileges for up to 30 days if a person exceeds a speed limit or
designated speed by more than 30 miles per hour and the person has received at
least one prior conviction under ORS 811.100 or 811.111 within 12 months of the
date of the current offense.
(5) If a person drives 100 miles per
hour or greater when the person commits a violation described in this section,
a court shall [impose] order
the following in lieu of a punishment otherwise imposed under this section:
(a) A fine of $1,000; and
(b) A suspension of driving privileges
for not less than 30 days nor more than 90 days.
(6) When a court [imposes] orders a suspension under subsection (4) or (5) of
this section, the court shall prepare and send to the Department of
Transportation an order of suspension of driving privileges of the person. Upon
receipt of an order under this subsection, the department shall take action as
directed under ORS 809.280.
SECTION 11. ORS 811.135 is amended to
read:
811.135. (1) A person commits the
offense of careless driving if the person drives any vehicle upon a highway or
other premises described in this section in a manner that endangers or would be
likely to endanger any person or property.
(2) The offense described in this
section, careless driving, applies on any premises open to the public and is a
Class B traffic violation unless commission of the offense contributes to an
accident. If commission of the offense contributes to an accident, the offense is
a Class A traffic violation.
(3) In addition to any other penalty
imposed for an offense committed under this section, if the court determines
that the commission of the offense described in this section contributed to the
serious physical injury or death of a vulnerable user of a public way, the
court shall:
(a) Impose a sentence that requires
the person to:
(A) Complete a traffic safety course;
and
(B) Perform between 100 and 200 hours
of community service, notwithstanding ORS 137.129. The community service must
include activities related to driver improvement and providing public education
on traffic safety;
(b) [Impose,] Order, but suspend on the condition that the person
complete the requirements of paragraph (a) of this subsection:
(A) A fine of up to $12,500,
notwithstanding ORS 153.018; and
(B) A suspension of driving privileges
for one year as provided in ORS 809.280; and
(c) Set a hearing date up to one year
from the date of sentencing.
(4) At the hearing described in
subsection (3)(c) of this section, the court shall:
(a) If the person has successfully
completed the requirements described in subsection (3)(a) of this section,
dismiss the penalties [imposed] ordered
under subsection (3)(b) of this section; or
(b) If the person has not successfully
completed the requirements described in subsection (3)(a) of this section:
(A) Grant the person an extension
based on good cause shown; or
(B) [Impose] Order the penalties under subsection (3)(b) of this
section.
(5) When a court [imposes] orders a suspension under subsection (4) of this
section, the court shall prepare and send to the Department of Transportation
an order of suspension of driving privileges of the person. Upon receipt of an
order under this subsection, the department shall take action as directed under
ORS 809.280.
(6) The police officer issuing the
citation for an offense under this section shall note on the citation if the
cited offense contributed to the serious physical injury or death of a
vulnerable user of a public way.
SECTION 12. ORS 809.235 is amended to
read:
809.235. (1)(a) Notwithstanding ORS
809.409 (2), the court shall order that a person’s driving privileges be
permanently revoked if the person is convicted of any degree of murder and the
court finds that the person intentionally used a motor vehicle as a dangerous
weapon resulting in the death of the victim, or if the person is convicted of
aggravated vehicular homicide, manslaughter in the first or second degree
resulting from the operation of a motor vehicle, criminally negligent homicide
resulting from the operation of a motor vehicle or assault in the first degree
resulting from the operation of a motor vehicle.
(b) The court shall order that a
person’s driving privileges be permanently revoked if the person is convicted
of felony driving while under the influence of intoxicants in violation of ORS
813.010 or if the person is convicted for a third or subsequent time of any of
the following offenses in any combination:
(A) Driving while under the influence
of intoxicants in violation of:
(i) ORS 813.010; or
(ii) The statutory counterpart to ORS
813.010 in another jurisdiction.
(B) A driving under the influence of
intoxicants offense in another jurisdiction that involved the impaired driving
of a vehicle due to the use of intoxicating liquor, a controlled substance, an
inhalant or any combination thereof.
(C) A driving offense in another
jurisdiction that involved operating a vehicle while having a blood alcohol
content above that jurisdiction’s permissible blood alcohol content.
(c) For the purposes of paragraph (b)
of this subsection, a conviction for a driving offense in another jurisdiction
based solely on a person under 21 years of age having a blood alcohol content
that is lower than the permissible blood alcohol content in that jurisdiction
for a person 21 years of age or older does not constitute a prior conviction.
(2)(a) A person whose driving
privileges are revoked as described in subsection (1) of this section may file
a petition in the circuit court of the county in which the person resides for
an order restoring the person’s driving privileges. A petition may be filed
under this subsection no sooner than 10 years after the person is:
(A) Released on parole or post-prison
supervision for the crime for which the person’s driving privileges were
revoked and any other crimes arising out of the same criminal episode; or
(B) Sentenced to probation if the
probation is not revoked and the person is thereafter discharged without the
imposition of a sentence of imprisonment.
(b) The district attorney of the
county in which the person resides shall be named and served as the respondent
in the petition.
(3) The court shall hold a hearing on
a petition filed in accordance with subsection (2) of this section. In
determining whether to grant the petition, the court shall consider:
(a) The nature of the offense for
which driving privileges were revoked.
(b) The degree of violence involved in
the offense.
(c) Other criminal and relevant
noncriminal behavior of the petitioner both before and after the conviction
that resulted in the revocation.
(d) The recommendation of the person’s
parole officer, which shall be based in part on a psychological evaluation
ordered by the court to determine whether the person is presently a threat to
the safety of the public.
(e) Any other relevant factors.
(4) If, after a hearing described in
subsection (3) of this section, the court is satisfied by clear and convincing
evidence that the petitioner is rehabilitated and that the petitioner does not
pose a threat to the safety of the public, the court shall order the petitioner’s
driving privileges restored.
(5) Upon receiving a court order to
restore a person’s driving privileges, the department may reinstate driving
privileges in accordance with ORS 809.390, except that the department may not
reinstate driving privileges of any person whose privileges are revoked under
this section until the person complies with future responsibility filings.
NOTE: Section 13 was
deleted by amendment. Subsequent sections were not renumbered.
SECTION 14. ORS 809.409 is amended to
read:
809.409. (1)(a) Upon receipt of a
record of conviction of an offense described in this section, the Department of
Transportation shall revoke the driving privileges of the person convicted.
(b) A person is entitled to
administrative review under ORS 809.440 of a revocation under this section.
(c) Except as otherwise provided in
subsections (2) and (3) of this section, the revocation shall be for a period of
one year from the date of revocation, except that the department may not
reinstate driving privileges of any person whose privileges are revoked under
this section until the person complies with future responsibility filings.
(2) The department shall take action
under subsection (1) of this section upon receipt of a record of conviction of
aggravated vehicular homicide or aggravated driving while suspended or revoked
or any degree of murder, manslaughter or criminally negligent homicide
resulting from the operation of a motor vehicle or assault in the first degree
resulting from the operation of a motor vehicle, except that the provisions of
this subsection do not apply to a person whose driving privileges are ordered
revoked under ORS 809.235. A person whose driving privileges are revoked under
this subsection may apply for reinstatement of driving privileges:
[(a)
If the sentence for the crime includes incarceration, 10 years from the date
the person is released from incarceration for the crime for which the person’s
driving privileges were revoked and any other crimes arising out of the same
criminal episode; or]
(a) If the sentence for the crime
for which the person’s driving privileges were revoked, or any other crimes
arising from the same criminal episode, includes incarceration, no sooner than
10 years from the date the person is released from incarceration for all crimes
arising out of the same criminal episode; or
(b) If the sentence for the crime for
which the person’s driving privileges were revoked and any other crimes arising
from the same criminal episode does not include incarceration, no sooner than
10 years from the date the department revoked the privileges under this
subsection.
(3) The department shall take action
under subsection (1) of this section upon receipt of a record of conviction of
failure to perform the duties of a driver to injured persons under ORS 811.705.
The department shall revoke driving privileges under this subsection for a
period of five years if the court indicates on the record of conviction that a
person was killed as a result of the accident. The person may apply for
reinstatement of privileges five years after the date the person was released
from incarceration, if the sentence includes incarceration. If the sentence
does not include incarceration, the person may apply for reinstatement five
years from the date the revocation was imposed under this subsection.
(4) The department shall take action
under subsection (1) of this section upon receipt of a record of conviction of
perjury or the making of a false affidavit to the department under any law of
this state requiring the registration of vehicles or regulating their operation
on the highways.
(5) The department shall take action
under subsection (1) of this section upon receipt of a record of conviction of
any felony with a material element involving the operation of a motor vehicle.
SECTION 15. ORS 809.411 is amended to
read:
809.411. (1)(a) Upon receipt of a
record of conviction for an offense described in this section, the Department
of Transportation shall suspend the driving privileges of the person convicted.
(b) A person is entitled to
administrative review under ORS 809.440 of a suspension under this section.
(c) Except as otherwise provided in subsections
(7), (8), (9) and (10) of this section, the suspension shall be for the period
of time described in Schedule I of ORS 809.428.[, except that] The department may not reinstate driving privileges
of any person whose privileges are suspended under subsection (2), (3), (4),
(5), (6), (7) or (10) of this section until the person complies with future
responsibility filings. There is no requirement of compliance with future
responsibility filings if the person was suspended under subsection (8) or (9)
of this section.
(2) The department shall take action
under subsection (1) of this section upon receipt of a record of conviction of
any degree of recklessly endangering another person, menacing or criminal
mischief resulting from the operation of a motor vehicle.
(3) The department shall take action
under subsection (1) of this section upon receipt of a record of conviction of
reckless driving under ORS 811.140.
(4) The department shall take action
under subsection (1) of this section upon receipt of a record of conviction of
failure to perform duties of a driver when property is damaged under ORS
811.700.
(5) The department shall take action
under subsection (1) of this section upon receipt of a record of conviction of
fleeing or attempting to elude a police officer under ORS 811.540.
(6) The department shall take action
under subsection (1) of this section upon receipt of a record of conviction of
reckless endangerment of highway workers under ORS 811.231 (1).
(7) The department shall take action
under subsection (1) of this section upon receipt of a record of conviction of
theft under ORS 164.043, 164.045 or 164.055 when the theft was of gasoline. A
suspension under this subsection shall continue for a period of six months from
the date of suspension.
(8) The department shall take action
under subsection (1) of this section upon receipt of a record of conviction of
criminal trespass under ORS 164.245 that involves the operation of a motor
vehicle. A suspension under this subsection shall continue for a period of six
months from the date of suspension.
(9) The department shall take action
under subsection (1) of this section upon receipt of a record of conviction of
an offense described in ORS 809.310. A suspension under this subsection shall
continue for a period of one year from the date of the suspension.
(10)(a) The department shall take
action under subsection (1) of this section upon receipt of a record of
conviction of assault in the second, third or fourth degree resulting from the
operation of a motor vehicle.
(b) A person who is convicted of
assault in the second degree and whose driving privileges are suspended under
this subsection may apply for reinstatement of driving privileges eight years
from the date the person is released from incarceration for the conviction, if
the sentence includes incarceration. If the sentence for the conviction does
not include incarceration, the person may apply for reinstatement of driving
privileges eight years from the date the department suspended the privileges
under this subsection.
(c) A person who is convicted of
assault in the third degree and whose driving privileges are suspended under
this subsection may apply for reinstatement of driving privileges five years
from the date the person is released from incarceration for the conviction, if
the sentence includes incarceration. If the sentence for the conviction does
not include incarceration, the person may apply for reinstatement of driving
privileges five years from the date the department suspended the privileges
under this subsection.
(d) A person who is convicted of
assault in the fourth degree and whose driving privileges are suspended under
this subsection may apply for reinstatement of driving privileges one year from
the date the person is released from incarceration for the conviction, if the
sentence includes incarceration. If the sentence for the conviction does not
include incarceration, the person may apply for reinstatement of driving
privileges one year from the date the department suspended the privileges under
this subsection.
SECTION 16. ORS 809.440 is amended to
read:
809.440. [This section establishes hearing and administrative review procedures
to be followed when the Department of Transportation is required to provide a
hearing or an administrative review of an action.]
(1) When other procedures described
under this section are not applicable to a suspension or revocation under ORS
809.409 to 809.423, the procedures described in this subsection shall be
applicable. All of the following apply to this subsection:
(a) The hearing shall be given before
the department imposes the suspension or revocation of driving privileges [or continues, modifies or extends a
suspension or revocation].
(b) Before the hearing, the department
shall notify the person in the manner described in ORS 809.430.
(c) The hearing shall be in the county
where the person resides unless the person and the department agree otherwise.
[(d)
Upon such hearing, the department, good cause appearing therefor, may impose,
continue, modify or extend the suspension or revocation of the driving
privileges.]
[(e)]
(d) The hearing shall be conducted by an administrative law judge assigned
from the Office of Administrative Hearings established under ORS 183.605.
(2) The following apply when
administrative review is provided under any statute or rule of the department:
(a) An administrative review shall
consist of an informal administrative process to assure prompt and careful
review by the department of the documents upon which an action is based.
(b) It shall be a defense to the
department’s action if a petitioner can establish that:
(A) A conviction on which the
department’s action is based was for an offense that did not involve a motor
vehicle and the department’s action is permitted only if the offense involves a
motor vehicle.
(B) An out-of-state conviction on
which the department’s action is based was for an offense that is not
comparable to an offense under Oregon law.
(C) The records relied on by the
department identify the wrong person.
(c) A person requesting administrative
review has the burden of showing by a preponderance of the evidence that the
person is not subject to the action.
(d) Actions subject to administrative
review shall be exempt from the provisions of ORS chapter 183 applicable to
contested cases, and from the provisions of subsection (4) of this section
applicable to post-imposition hearings. A suspension, revocation or
cancellation shall not be stayed during the administrative review process or by
the filing of a petition for judicial review. A court having jurisdiction may
order the suspension, revocation or cancellation stayed pending judicial
review.
(e) Judicial review of a department
order affirming a suspension or revocation after an administrative review shall
be available as for review of orders other than contested cases, and the
department may not be subject to default for failure to appear in such
proceedings. The department shall certify its record to the court within 20
days after service upon the department of the petition for judicial review.
(f) If the suspension or revocation is
upheld on review by a court, the suspension or revocation shall be [imposed] ordered for the length
of time appropriate under the appropriate statute except that the time shall be
reduced by any time prior to the determination by the court that the suspension
or revocation was in effect and was not stayed.
(g) The department shall adopt any
rules governing administrative review that are considered necessary or
convenient by the department.
(3) When permitted under this section
or under any other statute, a hearing may be expedited under procedures adopted
by the department by rule. The procedures may include a limited time in which
the person may request a hearing, requirements for telephone hearings,
expedited procedures for issuing orders and expedited notice procedures.
(4) When permitted under ORS [809.409 to 809.423] 809.413, 809.417,
809.419 or 809.421, a hearing may be a post-imposition hearing under this
subsection. A post-imposition hearing is a hearing that occurs after the
department imposes the suspension or revocation of driving privileges [or continues, modifies or extends a
suspension or revocation]. All of the following apply to this subsection:
(a) The department must provide notice
in the manner described in ORS 809.430 before the suspension or revocation may
take effect.
(b) Except as provided in this
subsection, the hearing shall be conducted as a contested case in accordance
with ORS chapter 183.
(c) Unless there is an agreement
between the person and the department that the hearing be conducted elsewhere,
the hearing shall be held either in the county where the person resides or at
any place within 100 miles, as established by the department by rule.
(5) The department has complied with a
requirement for a hearing or administrative review if the department has
provided an opportunity for hearing or review and the person with the right to
the hearing or review has not requested it. Any request for hearing or review
must be made in writing.
(6) For any hearing described under
this section, and for administrative review described under this section, no
further notice need be given by the department if the suspension or revocation
is based upon a conviction and the court gives notice, in a form established by
the department, of the rights to a hearing or review and of the suspension or
revocation.
SECTION 17. ORS 813.606 is amended to
read:
813.606. Notwithstanding ORS 813.604,
if a person is required, in the course and scope of the person’s employment, to
operate a motor vehicle owned by the person’s employer, the person may operate
that vehicle without installation of an ignition interlock device if:
(1) The employer has been notified:
(a) That
the employee is operating with a hardship permit restricted as provided in ORS
813.604; [or]
(b) That the employee is
operating on a fully reinstated license within the first [six months] year following suspension or revocation for the
employee’s first conviction of driving while under the influence of
intoxicants; [and] or
(c) That the employee is operating on
a fully reinstated license within the second year following suspension or
revocation for the employee’s second or subsequent conviction of driving while
under the influence of intoxicants; and
(2) The employee has proof of the
notification or fully reinstated license in the possession of the employee
while operating the employer’s vehicle in the course of employment.
SECTION 18. 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 (3)(b), or pleads
guilty under ORS 153.061 (3)(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] issue
notice to the Department of Transportation to suspend 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] issuing
notice to the department to suspend 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. For purposes of this subsection, a person holds a commercial driver
license if on the date of the commission of the offense the person holds a
commercial driver license issued by the department [of Transportation] or the licensing agency of another jurisdiction
that is:
(a) Not expired or if expired, expired
less than one year; or
(b) Suspended, but not canceled or
revoked.
SECTION 19. ORS 165.805 is amended to
read:
165.805. (1) A person commits the
crime of misrepresentation of age by a minor if:
(a) Being less than a certain,
specified age, the person knowingly purports to be of any age other than the
true age of the person with the intent of securing a right, benefit or privilege
which by law is denied to persons under that certain, specified age; or
(b) Being unmarried, the person
knowingly represents that the person is married with the intent of securing a
right, benefit or privilege which by law is denied to unmarried persons.
(2) Misrepresentation of age by a
minor is a Class C misdemeanor.
(3) In addition to and not in lieu of
any other penalty established by law, a person who, using a driver permit or
license or other identification issued by the Department of Transportation of
this state or its equivalent in another state, commits the crime of
misrepresentation of age by a minor in order to purchase or consume alcoholic
liquor may be required to perform community service and the court shall order
that the person’s driving privileges and right to apply for driving privileges
be suspended for a period not to exceed one year. If a court has issued an
order [denying] suspending
driving privileges under this section, the court, upon petition of the person,
may withdraw the order at any time the court deems appropriate. The court
notification to the department under this subsection may include a
recommendation that the person be granted a hardship permit under ORS 807.240
if the person is otherwise eligible for the permit.
(4) The prohibitions of this section
do not apply to any person acting under the direction of the Oregon Liquor
Control Commission or under the direction of state or local law enforcement
agencies for the purpose of investigating possible violations of laws
prohibiting sales of alcoholic beverages to persons who are under a certain,
specified age.
(5) The prohibitions of this section
do not apply to a person under the age of 21 years who is acting under the
direction of a licensee for the purpose of investigating possible violations by
employees of the licensee of laws prohibiting sales of alcoholic beverages to
persons who are under the age of 21 years.
SECTION 20. ORS 167.401 is amended to
read:
167.401. (1) Except as provided in
subsection (4) of this section, no person under 18 years of age shall purchase,
attempt to purchase or acquire tobacco products as defined in ORS 431.840.
Except when such minor is in a private residence accompanied by the parent or
guardian of the minor and with the consent of such parent or guardian, no
person under 18 years of age shall have personal possession of tobacco
products.
(2) Any person who violates subsection
(1) of this section commits a violation.
(3)(a) In lieu of any other penalty
established by law, a person who is convicted for the first time of a violation
of subsection (1) of this section may be ordered to participate in a tobacco
education program or a tobacco use cessation program or to perform community
service related to diseases associated with consumption of tobacco products. A
person may be ordered to participate in such a program only once.
(b) In addition to and not in lieu of
any other penalty established by law, a person who is convicted of a second
violation of subsection (1) of this section through misrepresentation of age
may be required to participate in a tobacco education or a tobacco use
cessation program or to perform community service related to diseases
associated with the consumption of tobacco products, and the court shall order
that the person’s driving privileges and right to apply for driving privileges
be suspended for a period not to exceed one year. If a court has issued an
order [denying] suspending
driving privileges under this subsection, the court, upon petition of the
person, may withdraw the order at any time the court deems appropriate. The
court notification to the Department of Transportation under this subsection
may include a recommendation that the person be granted a hardship permit under
ORS 807.240 if the person is otherwise eligible for the permit.
(4) A minor acting under the
supervision of an adult may purchase, attempt to purchase or acquire tobacco
products for the purpose of testing compliance with a federal law, state
statute, local law or retailer management policy limiting or regulating the
delivery of tobacco products to minors.
SECTION 21. ORS 471.430 is amended to
read:
471.430. (1) A person under 21 years
of age may not attempt to purchase, purchase or acquire alcoholic beverages.
Except when such minor is in a private residence accompanied by the parent or
guardian of the minor and with such parent’s or guardian’s consent, a person
under 21 years of age may not have personal possession of alcoholic beverages.
(2) For the purposes of this section,
personal possession of alcoholic beverages includes the acceptance or
consumption of a bottle of such beverages, or any portion thereof or a drink of
such beverages. However, this section does not prohibit the acceptance or
consumption by any person of sacramental wine as part of a religious rite or
service.
(3) Except as authorized by rule or as
necessitated in an emergency, a person under 21 years of age may not enter or
attempt to enter any portion of a licensed premises that is posted or otherwise
identified as being prohibited to the use of minors.
(4)(a) Except as provided in paragraph
(b) of this subsection, a person who violates subsection (1) or (3) of this
section commits a Class B violation.
(b) A person commits a Class A
violation if the person violates subsection (1) of this section by reason of
personal possession of alcoholic beverages while the person is operating a
motor vehicle, as defined in ORS 801.360.
(5) In addition to and not in lieu of
any other penalty established by law, a person under 21 years of age who
violates subsection (1) of this section through misrepresentation of age may be
required to perform community service and the court shall order that the person’s
driving privileges and right to apply for driving privileges be suspended for a
period not to exceed one year. If a court has issued an order [denying] suspending driving
privileges under this section, the court, upon petition of the person, may
withdraw the order at any time the court deems appropriate. The court
notification to the Department of Transportation under this subsection may
include a recommendation that the person be granted a hardship permit under ORS
807.240 if the person is otherwise eligible for the permit.
(6) If a person cited under this
section is at least 13 years of age but less than 21 years of age at the time
the person is found in default under ORS 153.102 or 419C.472 for failure to
appear, in addition to and not in lieu of any other penalty, the court shall
issue notice under ORS 809.220 to the department for the department to suspend
the person’s driving privileges under ORS 809.280 [(5)] (4).
(7) In addition to and not in lieu of
any penalty established by law, the court may order a person who violates this
section to undergo assessment and treatment as provided in ORS 471.432. The
court shall order a person to undergo assessment and treatment as provided in
ORS 471.432 if the person has previously been found to have violated this
section.
(8) The prohibitions of this section
do not apply to a person under 21 years of age who is acting under the
direction of the Oregon Liquor Control Commission or under the direction of
state or local law enforcement agencies for the purpose of investigating
possible violations of laws prohibiting sales of alcoholic beverages to persons
who are under 21 years of age.
(9) The prohibitions of this section
do not apply to a person under 21 years of age who is acting under the
direction of a licensee for the purpose of investigating possible violations by
employees of the licensee of laws prohibiting sales of alcoholic beverages to
persons who are under 21 years of age.
SECTION 22. ORS 742.449 is amended to
read:
742.449. An insurer issuing motor
vehicle liability insurance policies in this state may not assign an insured or
applicant for insurance to a higher risk category than the person would
otherwise be assigned to solely because the person has:
(1) Let a prior motor vehicle
liability policy lapse, unless the person was in violation of ORS 806.010 at
any time after the prior policy lapsed; or
(2) Had driving privileges suspended
pursuant to ORS 809.280 [(7) or (9)] (6)
or (8) if the suspension is based on a nondriving offense.
SECTION 23. ORS 742.562 is amended to
read:
742.562. (1) A notice of cancellation
of a policy shall be effective only if it is based on one or more of the
following reasons:
(a) Nonpayment of premium.
(b) Fraud or material
misrepresentation affecting the policy or in the presentation of a claim
thereunder, or violation of any of the terms or conditions of the policy.
(c) The named insured or any operator
either resident in the same household or who customarily operates an automobile
insured under the policy has had driving privileges suspended or revoked
pursuant to law during the policy period, or, if the policy is a renewal,
during its policy period or the 180 days immediately preceding its effective
date. An insurer may not cancel a policy for the reason that the driving
privileges of the named insured or operator were suspended pursuant to ORS
809.280 [(7) or (9)] (6) or (8)
if the suspension was based on a nondriving offense.
(2) This section shall not apply to
any policy or coverage which has been in effect less than 60 days at the time
notice of cancellation is mailed or delivered by the insurer unless it is a
renewal policy.
(3) This section shall not apply to
nonrenewal.
SECTION 24. ORS 742.566 is amended to
read:
742.566. (1) An insurer shall offer
renewal of a policy, contingent upon payment of premium as stated in the offer,
to an insured unless the insurer mails or delivers to the named insured, at the
address shown in the policy, at least 30 days’ advance notice of nonrenewal.
Such notice shall contain or be accompanied by a statement of the reason or
reasons for nonrenewal.
(2) The insurer shall not be required
to notify the named insured or any other insured of nonrenewal of the policy if
the insurer has mailed or delivered a notice of expiration or cancellation on
or prior to the 30th day preceding expiration of the policy period.
(3) Notwithstanding the failure of an
insurer to comply with this section, the policy shall terminate on the
effective date of any replacement or succeeding automobile insurance policy,
with respect to any automobile designated in both policies.
(4) An insurer may not refuse to renew
a policy for the reason that the driving privileges of the named insured or any
operator either resident in the same household or who customarily operates an
automobile insured under the policy were suspended pursuant to ORS 809.280 [(7) or (9)] (6) or (8) if the
suspension was based on a nondriving offense.
SECTION 25. ORS 746.265 is amended to
read:
746.265. (1) Subject to subsection (2)
of this section, when an individual applies for a policy or a renewal of a
policy of casualty insurance providing automobile liability coverage, uninsured
motorist coverage, automobile medical payments coverage or automobile physical
damage coverage on an individually owned passenger vehicle including pickup and
panel trucks and station wagons, the insurer may consider the abstract of the
nonemployment driving record of the individual under ORS 802.220:
(a) For the purpose of determining
whether to issue or renew the individual’s policy.
(b) For the purpose of determining the
rates of the individual’s policy.
(2) For the purposes specified in
subsection (1) of this section, an insurer issuing or renewing a policy
described in subsection (1) of this section shall not consider any:
(a) Accident or conviction for
violation of motor vehicle laws that occurred more than three years immediately
preceding the application for the policy or renewal of the policy;
(b) Diversion agreements under ORS
813.220 that were entered into more than three years immediately preceding the
application for the policy or renewal of the policy; or
(c) Suspension of driving privileges
pursuant to ORS 809.280 [(7) or (9)] (6)
or (8) if the suspension is based on a nondriving offense.
(3) Subsection (2) of this section
does not apply if an insurer considers the nonemployment driving record of an
individual under ORS 802.220 for the purpose of providing a discount to the
individual.
SECTION 26. 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:
(a) ORS 811.140, reckless driving;
(b) Any law establishing a speed
limit, if the person is operating the vehicle 30 miles per hour or more above
the posted limit and a court [imposes]
orders a suspension under ORS 811.109; or
(c) Any law establishing a speed
limit, if the person is operating the vehicle at a speed of 100 miles per hour
or greater.
(2) A violation, while operating a
commercial motor vehicle, of:
(a) Any law establishing a speed
limit, if the person is operating the vehicle 15 miles per hour or more above
the posted limit.
(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), operating a
vehicle without driving privileges.
(d) ORS 807.570, failure to carry a
license or to present a license to a police officer.
(e) ORS 811.140, reckless driving.
(f) ORS 811.305, driving on the left
on a curve or grade or at an intersection or rail crossing.
(g) ORS 811.370, failure to drive
within a lane.
(h) ORS 811.410, unsafe passing on the
left.
(i) ORS 811.415, unsafe passing on the
right.
(j) ORS 811.485, following too
closely.
(k) Any law relating to motor vehicle
traffic control if the violation is connected to a fatal accident. This
paragraph does not apply to violations of parking laws or laws regulating
vehicle weight or equipment.
(L) Any law of another jurisdiction
that corresponds to an Oregon law described in this section.
SECTION 27. ORS 807.250 is amended to
read:
807.250. (1) In addition to any
requirements under ORS 807.240 and any applicable conditions under ORS 813.500
and 813.520, the Department of Transportation may not issue a hardship permit
under ORS 807.240 to a person whose suspension of driving privileges is based
upon a conviction of any of the following unless the person submits to the
department a recommendation from the judge before whom the person was
convicted:
(a) ORS 811.140.
(b) ORS 811.540.
(c) Driving while under the influence
of intoxicants. If a person’s driving privileges are suspended for a conviction
for driving while under the influence of intoxicants and the person is
determined under ORS 813.500 to have a problem condition involving alcohol,
inhalants or controlled substances as described in ORS 813.040, the judge must:
(A) Make the recommendation with
reference to the best interest of the public as well as of the defendant and
the recommendation must be in writing.
(B) Recommend times, places, routes
and days minimally necessary for the person to seek or retain employment, to
attend any alcohol or drug treatment or rehabilitation program or to receive
necessary medical treatment for the person or a member of the person’s
immediate family.
(2) The department may not issue a
hardship permit to a person whose suspension of driving privileges is based on
a conviction described in ORS 809.265.
(3) The department may not issue a
hardship permit to a person whose driver license or driver permit is suspended
pursuant to ORS 25.750 to 25.783.
(4) The department may not issue a
hardship permit to a person whose driving privileges are suspended pursuant to
ORS 809.280 [(5)] (4) or
809.416 (1) or (2).
SECTION 28. ORS 809.020 is amended to
read:
809.020. When the Department of
Transportation receives an order from a court to suspend the registration of a
vehicle, the department shall respond to the order as provided in this section
based on the type of suspension. If the court orders the suspension of
registration under:
(1) ORS 809.120, the department shall
impose the suspension as [recommended]
ordered by the court.
(2) ORS 809.010, the department shall
forthwith suspend the registration and require the owner to return the
registration card and plates. When the department suspends a registration under
this subsection the department shall:
(a) Destroy the registration card and
plates; and
(b) Issue a new registration card and
new plates to the owner upon expiration of the period specified by the court in
its order upon payment by the owner to the department of a restoration fee
established under ORS 809.030. The department may not charge the owner any fee for
the card and plates other than the restoration fee.
(3) ORS 809.130, the department, after
opportunity for hearing under ORS 809.040, shall suspend the registration of
the person’s employer’s vehicles, until notified by the court to reinstate the
registration and until the department receives proof of compliance with future
responsibility filings from the employer, if the department determines that all
of the following apply:
(a) A judgment of the type described
under ORS 806.040 was rendered against the person.
(b) The judgment has remained
unsettled as described by ORS 809.470 for 60 days.
(c) The judgment continues to be
unsettled.
(d) At the time of the accident that
is the source of the judgment, the employee was driving, with the permission of
the employer, a vehicle owned, operated or leased by the employer.
SECTION 29. ORS 809.240 is amended to
read:
809.240. (1) If a person is convicted
of an offense that will result in mandatory suspension or revocation under ORS
809.409, 809.411, 809.413, 813.400 or 813.403, the trial judge shall:
(a) [Impose] Order the revocation or suspension at the time of
conviction for the required period; and
(b) Comply with the requirements under
ORS 809.275 to take possession of the license or driver permit of the person.
(2) When necessary to give full effect
to this section, a court shall issue a temporary driver permit under ORS
807.320.
SECTION 30. ORS 809.412 is amended to
read:
809.412. If a juvenile court finds a
youth to be within the jurisdiction of the juvenile court under ORS 419C.005
for committing an offense that is a ground for suspension or revocation upon
conviction under ORS 809.409, 809.411, 809.413, 813.400 or 813.403 or any other
law requiring suspension or revocation of driving privileges upon conviction of
an offense, the juvenile court shall [impose]
order the suspension or revocation of driving privileges that is
required upon conviction of the offense.
SECTION 31. ORS 807.350 is amended to
read:
807.350. (1) The Department of Transportation,
at any time, may cancel the driving privileges or part of the driving
privileges granted any person under any class of license or under any
endorsement or any driver permit if the department determines that the person
no longer meets the qualifications or requirements for the license, endorsement
or permit.
(2)(a) The department may
immediately cancel the driving privileges granted any person under any class of
license or under any endorsement or any driver permit if the person is unable
to reestablish eligibility under ORS 807.340 and the department determines
that:
(A) The person is no longer able to
safely operate a motor vehicle; and
(B) The person may endanger people or
property if the person’s driving privileges are not immediately canceled.
(b) A cancellation under this
subsection is subject to a post-imposition hearing under ORS 809.440.
[(2)]
(3) Upon cancellation under this section, a person whose driving
privileges are canceled shall surrender to the department any license or driver
permit issued for the driving privileges. Failure to comply with this
subsection is subject to penalty as provided under ORS 809.500.
[(3)]
(4) If the department cancels driving privileges under this section, the
department may provide for the issuance of a license, driver permit or license
with endorsement or limitations granting driving privileges for which the
person does qualify or meet the requirements. The department may provide for
the waiver of all or part of the fees relating to the issuance of a license or
driver permit when the department issues a driver permit or license under this
subsection, as the department determines equitable.
[(4)]
(5) A person whose driving privileges are canceled under this section may [only] regain the canceled driving
privileges only by reapplying for the privileges and establishing
eligibility and qualification for the driving privileges as provided by law.
Approved by
the Governor June 16, 2011
Filed in the
office of Secretary of State June 16, 2011
Effective date
January 1, 2012
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